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Right to commission accrued during the reference period counts towards the transition payment
In its judgement of 24 July 2025, the Central Appeals Tribunal (Centrale Raad van Beroep, CRvB) clarified how to interpret the phrase “payable in the twelve months preceding the end of the employment contract” in the Decree concerning Wage Definition relating to Compensation for Notice Period and Transition Allowance (Besluit loonbegrip vergoeding aanzegtermijn en transitievergoeding). The Tribunal ruled that, when calculating the transition payment, commission accrued over the…
Read more >How does working alongside your main job work? An overview of developments regarding secondary employment
To what extent is an employee allowed to perform secondary activities for another employer or on a self-employed basis? For a long time, in the absence of a specific statutory regime, the answer to this question could only be derived from general legal principles such as the freedom of choice of work, freedom of enterprise, the right to privacy and the duties of good employee and good employer.…
Read more >Pay and ATV days in the road haulage sector: smoothing pay is allowed, ATV days must be paid out
The Amsterdam Court of Appeal has ruled in a dispute over pay and overtime between a transport company and six drivers concerning the application of the Collective Labour Agreement for the Road Haulage Sector (the CLA). The judgment addressed questions about payment of wages under an irregular work schedule and the (im)possibility of paying out reduction-of-working-time (ATV) days in another manner. The drivers work according to a fixed…
Read more >An Overview of the Decree Clarifying the Assessment of Employment Relationships
In the Netherlands, there is considerable uncertainty about the distinction between working as an employee and working as a self-employed person. This regularly leads to situations of false self-employment, which has negative consequences for social security, labor law, and tax regulations. For example, falsely self-employed people do not enjoy protection against risks such as unemployment, illness, and old age. False self-employment undermines solidarity within the social system, as…
Read more >Proposed Labour Market Reforms 2025
The Dutch caretaker government has unveiled a labour market reform package introducing major changes to flexible work arrangements, self-employed insurance, and employee protections. The measures, presented alongside the national budget on Prinsjesdag (17 September), are set to reshape key aspects of Dutch employment law in the coming years. The proposals aim to strengthen safeguards for vulnerable workers while maintaining space for entrepreneurship and adaptable staffing models. An high-over…
Read more >Refusal to Consent to Change of Workplace May Constitute Dismissal under the WMCO
On 4 September 2025, the Court of Justice of the European Union (CJEU) decided that the termination of an employment contract following an employee’s refusal to accept a unilateral change of workplace, within the context of a collective mobility scheme, may be classified as a ‘dismissal’ within the meaning of the Collective Redundancies Directive (Directive 98/59/EC) (the Directive). However, if employees are required by a collective agreement to…
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