In the Netherlands, the end of a fixed-term employment contract is usually linked to a calendar date. Another possibility is for its duration to be linked to a particular piece of work or a project, provided that it is possible to specify with a sufficient degree of objectivity when...
A competing former employee? Take action!
Employers should take action if they find out that a (soon-to-be or) former employee is going to work for a competitor. If they do not do so or fail to do so on time they risk being left empty-handed, as is apparent from a decision by the Court of...
When does the prohibition against termination during sickness apply?
In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle (in Dutch: afspiegelingsbedinsel). This general prohibition allows sick employees to rely on staying employed while on leave. The only...
Court ruling shows a fight is a two-way street
The Arnhem-Leewarden Court of Appeal recently addressed damages owed in a dismissal action where both the employer and employee acted with serious culpability. The question for the court was who was to blame for the termination of the contract? Should the employee lose her right to any payment? Should...