Notice requirement for fixed-term employment contract
Late last year, the Dutch Supreme Court ruled in its judgment of 7 October 2022 that the ‘compensation in lieu of notification’ within the meaning of Section 7:668 of the Dutch Civil Code (DCC) is always due in the event of non-compliance with the written requirement, even if it was clear to the employee that the employment contract would not be continued or the employee does not suffer…Read more >
No general rule for serious culpability
In the judgment of 24 June 2022, the Supreme Court emphasizes the high threshold that applies to seriously culpable acts or omissions. Only in exceptional cases should an employee not be entitled to a transitional compensation, and the employer’s acts or omissions should also be taken into account in the assessment. There is therefore no room for a presumption of serious culpability, as argued by the A-G. Facts…Read more >
Whistleblower Protection Act: what will change?
On 18 February 2023, the (long-awaited) Whistleblower Protection Act (WPA) entered into force (in part). The Whistleblower Protection Act implements the so-called European Whistleblower Directive (Directive (EU) 2019/1937 of the European Parliament and the Council of 23 October 2019 (OJ 2019, L 305)) and replaces the House of Whistleblowers Act. What will change? The WPA aims to better protect reporters of wrongdoing. The most salient changes of the…Read more >