Court of Appeal of The Hague 30 January 2024: Booking.com obliged to join pension fund PGB

The Court of Appeal of The Hague rules that Booking.com must join Pension Fund PGB as of 1 January 1999. The court finds that the so-called main business criterion from the Ministerial Decree has been met. After proceedings against Picnic, Deliveroo and others, this is yet another case where companies with new, technology-driven business models run up against the limits of regulated labor and pension law. Supreme CourtEmployees…

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Employers with insured pension plans: action required for timely adjustment of pension plan to the new pension system

As part of the new pension system, all pension plans in the Netherlands will have to be converted to a defined contribution plan that fits within the new legal framework. In doing so, proper implementation of the relevant approval process is crucial. In many cases, the consent of the works council is required in addition to approval of the individual employee with the adjusted, new pension plan. All…

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2024: Key employment law changes

Indexation and numbers Changes by 2024 Whistleblower Protection Act for medium-sized employers On 18 February 2023, the Whistleblowers Protection Act came into force for large employers (more than 250 employees). Since 17 December 2023, this law also applies to medium-sized employers (50-249 employees), with the result that they must adjust their internal reporting regulations accordingly. The sanctions options of the House for Whistleblowers and the method of anonymous…

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Legislative proposal on amending reintegration obligations in the second year of illness for employees of small and medium-sized employers

On October 13, the Dutch (outgoing) Minister of Social Affairs and Employment published and opened for public consultation the Bill on amending reintegration obligations in the second year of illness for employees of small and medium-sized employers (the Bill). The Bill aims to alleviate reintegration obligations for small and medium-sized employers. In this context, it is proposed that small and medium-sized employers focus solely on second-track reintegration from…

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Deliveroo falls within the scope of the collective labor agreement for the Professional Transport of Goods by Road and Mobile Crane Hire and is obligated to join the industrial pension fund for Road Transport Professionals

The Supreme Court has upheld the decisions made by the Amsterdam court of Appeal on December 21, 2021, in two cases involving Deliveroo. Firstly, the Supreme ruled that Deliveroo falls under the mandatory collective labor agreement (CAO) for the Professional Transport of Goods by Road and Mobile Crane Hire. Additionally, the Supreme Court confirmed that Deliveroo is obligated to join the industrial pension fund for Road Transport Professionals.…

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Recent Supreme Court judgment

In a recent Supreme Court (HR) judgment of 3 November 2023 (ECLI:NL:HR:2023:1514, Hoge Raad, 22/04443 (rechtspraak.nl), the HR ruled that any decision to hire workers on a group basis by entering into (or renewing) framework agreements with temporary employment agencies must be submitted to the works council (OR) for advice pursuant to Section 25 (1) (g) of the Works Councils Act (WOR). This is also the case if…

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Finance Department Ranked in Capital Markets: Securitisation Chambers Europe and Global 2023
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Employment Department Ranked in Chambers 2021
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Ranked in Chambers Europe Employment 2020
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