What is allowed and what is not allowed? Read about the employment-law boundaries of the private use of internet and e-mail that has permeated the workplace.Read more
It is a trend in the financial sector – even compulsory - to screen job applicants on their employment history, integrity and moral standing. The article provides an overview of laws and regulations as well as case law on pre-employment screening.Read more
Diverse situations exist in which an employee may require insight into the information gathered on him by an employer. The question is whether the employer must allow the employee to inspect certain documents and if so, how this must take place.
Compliance with the American Sarbanes-Oxley Act (SOX) can constitute a breach of the European Privacy Directive. For instance, SOX obligates the introduction of whistleblower regulations with anonymous hotlines. The article by Arlette Putker provides several guidelines on how this issue should be dealt with.Read more
Arlette Putker acted for a toy factory. Six months condition in CWI Decree not met. Representation of trade unions on formation of redundancy package. Manifestly unreasonable dismissal proceedings.Read more
After instant dismissal employers could face proceedings in which the dismissed employee contests his dismissal and claims continued payment of wages. Considerable time could lapse between the date of dismissal and the date of the court judgment. If the employee ultimately wins the case, must the employer continue paying the employee's salary in full even if the employee has found other employment?
Arlette Putker acted for the managing director under the articles of association of a telecommunications company. Lengthy and comprehensive investigation by a telecommunications company into possible conflict of interests. Serious infringement of managing director's privacy. Very large compensation awarded: adjustment factor 2 subdistrict court formula.Read more
The purpose of this act is to encourage the rehabilitation and employment of persons who, because of health reasons, have encountered difficulties in finding or keeping jobs. The Disability (Rehabilitation) Act has been abolished but the provisions of this act have been included in the Work and Income (Capacity for Work) Act.
In this article Hanneke Klinckhamers discusses the amended regulation governing prohibitions on termination as defined on entry into force of the Flexibility and Security Act on 1 January 1999. The amendments discussed remain relevant for the day-to-day employment law practice.Read more