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Previous newsletters (read here) have frequently focused on developments relating to the legislative proposals for the Act on Clarification of the Assessment of Employment Relationships and Legal Presumption (Wet VBAR) and the Self-Employed Persons Act (Zelfstandigenwet), which are intended to provide greater certainty regarding the classification of self-employed persons. The recently appointed Minister of Employment and Participation, Mr Aartsen, recently announced (read more) that a large part of the…

Terminating an employment contract by an employer on the grounds of a transfer of undertaking is not possible because of the statutory prohibition on dismissal. But what if, after the transfer of undertaking, it appears that the employee’s position does not exist with the transferee? In this case, the employee had worked for 30 years for a franchisee of the Jumbo supermarket chain in a unique role. The…

The first week of Cabinet Jetten I was dominated almost entirely by one topic: raising the AOW (state pension) age. Currently, the statutory AOW entitlement age is 67, and this age is linked to one’s year of birth. But what are the employment law rules when it comes to having an employee who is entitled to AOW still in service? The table below sets out the most important…

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…

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.…

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…