Articles on Labor Matters
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
Workplace accident and drunk as a skunk: who is liable?
Employment Matters
May 29, 2019
In principle, an employer is liable for a workplace accident based on their duty of care (Article 7:658 of the Dutch Civil Code), even if the employee was drunk. Drunkenness is not, in itself, a free pass: it...
You may set off the transition payment against the compensation
Employment Matters
23 May 2019
Yes, a paid transition payment (or termination payment) can, under certain circumstances, be set off against compensation for personal injury following a workplace accident — but only to the extent that is reasonable. The legal basis for this is...
A penalty clause in an employment contract is no child's play
Employment Matters
May 20, 2019
A penalty clause in an employment contract is only valid if it is laid down in writing, specifies exactly which regulations the penalty applies to, states the amount of the penalty, and determines where the penalty is to be paid...
Do you want to award an all-in salary? Then pay close attention!
Employment Matters
15 May 2019
An all-in salary is permitted in the Netherlands, but only under strict conditions. You may pay out holiday allowance and wages for vacation days together with the regular salary, provided that you...
Incorrect details on CV justify summary dismissal
Employment matters
May 9, 2019
Yes, lying on a CV can be a valid reason for summary dismissal, but not automatically. An employer may rely on the CV in good faith: it applies...
Always include a clause regarding secondary employment in the employment contract
Employment Matters
25 April 2019
You may still include a clause regarding secondary employment in the employment contract, but since August 1, 2022, a ban on secondary employment is only valid if you have an objective justification for it. Since...
Company car as an employment benefit? Include a unilateral modification clause
Employment Matters
April 4, 2019
Yes, as an employer, you may unilaterally change or withdraw a lease car that counts as a condition of employment under certain conditions – but only if you have recorded this in writing beforehand in a unilateral...
The importance of a good employment contract
Employment Matters
16 March 2019
As a starting entrepreneur, you ask yourself four key legal questions: which legal form suits me, am I allowed to use this trade name, which agreements do I need, and how do I protect my knowledge...
Can you limit the 'right to love' in the workplace?
Employment Matters
March 6, 2019
No, you cannot contractually prohibit love or relationships between employees. A relationship takes place in the private sphere and falls under the right to respect for private life (article...
In 2019, a workplace accident could cost you more… Some tips
Employment Matters
6 February 2019
Since January 1, 2019, as an employer, in the event of a serious workplace accident, you may also be liable for emotional damages in addition to ordinary damages: compensation for pain and suffering for relatives of an employee who dies or...