The Executives’ Pay (Standards) Act is extremely relevant to managing directors and supervisory directors working in the public or semi-public sector, such as healthcare, education, the arts (including museums), housing corporations and healthcare insurers. We have found that the Executives’ Pay (Standards) Act is giving rise to a great many questions. More information can be found in the summary and practical tips under “Current Affairs” on this website.Read more
The legislative proposal regarding the Wet werk en zekerheid (Work and Security Act) was adopted by the Upper House of the Dutch parliament on 10 June 2014. That major and much-discussed review of dismissal law has thereby been enacted. The new dismissal law rules will enter into force on 1 July 2015. The amendments to the Wet flexibiliteit en zekerheid (Flexibility and Security Act) will enter into force on 1 January 2015, rather than on the previously announced date of 1 July 2014. A summary of the main changes is presented below.
Arlette Putker acted for an organization involved in research, innovation and training oriented to developing, raising and treating children and youths. A member of the management team failed to inform the employer of the large-scale sideline activities being carried out during working hours. Termination for urgent cause.Read more
Bartje Schaberg acted for an international company in the throes of a reorganization; within this framework a redundancy package was agreed with the trade unions. According to the ruling given by the Court of Appeal the purpose of a redundancy package is to mitigate the consequences of dismissal and not to guarantee a certain level of income.Read more
Arlette Putker acted for a care organization. Termination of an employment contract with a sick employee. Low severance payment because of frequent sickness absence.Read more
Investigation of an employee that is suspected of theft or fictitious sickness always leads to discussions about breach of privacy with respect to the employee involved.Read more
Investigation by an employer because of suspected misconduct on the part of the employee invariably leads to discussions on breach of privacy. If an employer suspects an employee of misconduct, the employer is entitled to perform an investigation and sometimes the proof is only ‘made tangible’ by engaging an investigation agency. Relying on the protection of privacy provides no alibi if there is manifest misconduct.Read more
Employers are entitled to engage a detective or an external investigation agency on suspected misconduct of employees. This article highlights the legal scope of such investigation and provides a checklist for employers.Read more
Arlette Putker acted for an internationally operating legal and notarial firm. Termination of the employment agreement was allowed because of the romantic relationship with the founder and senior partner of a rival legal office.Read more
Liesbeth Franx acted for a hotel chain in connection with an application to terminate the employment contract. Employment years prior to bankruptcy not counted with A-factor, but adjusted via the C-factor.