Labor matters

In principle, you may not dismiss a sick employee during the first two years of illness: a prohibition on termination applies (Article 7:670 of the Dutch Civil Code). After that period, or in a number...

Since the Supreme Court's Victoria ruling, an employee may, under certain conditions, be entitled to partial dismissal — and consequently to a partial transition payment — if his working hours are substantially and...

A project clause links the duration of an employment contract to the duration of a project. That is permissible, but case law scrutinizes such a clause strictly: if it is invalid, a temporary...

Under a cafeteria plan, an employee exchanges part of their taxable salary for a tax-free allowance or benefit, such as a company bicycle. It yields a tax advantage,...

As an employer, you are in principle liable for damage caused by your employee to third parties during work (Article 6:170 of the Dutch Civil Code). This is strict liability: even without fault of your own, you can...

Even when working from home, you as an employer remain responsible for a healthy and safe workplace. The Working Conditions Act and the Working Conditions Decree apply to location-independent work, with a lighter regime: you must ensure...

Since January 1, 2020, the rule applies: no work, still pay — unless the failure to work falls within the employee's sphere of risk. The burden of proof for this has shifted to the employer. Would...

You may restrict alcohol consumption at work through your health and safety and personnel policy, but in principle, you may not simply test employees for alcohol: that involves special personal data and...

A minimum-maximum contract offers you flexibility, but the rules are strict: the employee has guaranteed hours as well as the call-up rights under the Balanced Labour Market Act (WAB), such as a call-up period of four...

With the i-ground (the cumulative ground), you can dismiss an employee if several grounds for dismissal, individually insufficient, together constitute reasonable grounds. The judge may, however, award additional compensation...