Blog
26 July 2024
Solving pseudo self-employment with the bill Clarifying Assessment of Employment Relationships and Legal Presumption?
In October 2023, a first draft bill on the Act Clarifying Assessment of Employment Relationships and Legal Presumption (VBAR Act) was published and submitted for internet consultation. This bill aims to put an end to the problems (and lack of clarity) surrounding pseudo self-employment. This draft bill received many responses (1,111 reactions from individuals and organisations). Most criticism came on the term ’embedding in the organisation’, which was…
Read more >26 July 2024
Non-Compete Clause – Judgment of the Subistrict Court of Rotterdam (Location Rotterdam)
On May 21, 2024, the Subdistrict Court of Rotterdam (Location Rotterdam) issued a significant judgment regarding a non-compete clause in the case between an employee and Verwater Group B.V. (Verwater). This ruling (ECLI:NL:RBROT:2024:4786) highlights crucial aspects of non-compete clauses in employment contracts and their enforceability. What happened? The employee commenced employment as a project manager at Verwater on May 20, 2019, under a fixed-term contract. Article 14 of…
Read more >17 May 2024
Inge de laat writes note to ruling in JAR on an employee’s possible duty to inform her employer of her position regarding Covid-19 vaccination
Inge de Laat has written an annotation in JAR 2024/105 of the judgment of the Court of Appeal of The Hague (the Court) dated 20 February 2024 (ECLI:NL:GHDHA:2024:211) on an employee’s possible duty to inform the employer about the view on Covid-19 vaccination. Inge’s annotation addresses various privacy aspects of this employee’s duty to inform. The case concerned an employee, holding the position of director of security, who…
Read more >19 April 2024
Dormant employment contracts
What is the reference date for determining whether there is a real reintegration opportunity in dormant employment agreements? Is this reference date at the time an employee’s employment has become dormant or at the time an employee makes the termination proposal to the employer? The Supreme Court answers this question in a recent ruling of 15 March 2024 (ECLI:NL:HR:2024:400). In 2019, the Supreme Court already provided clarity on…
Read more >19 April 2024
Working time: how is it defined?
A recent Supreme Court ruling of 15 March 2024 (ECLI:NL:HR:2024:426) raises the following question: does on-call duty with permanent on-call status for a group of ambulance staff qualify as working time or rest time? The Supreme Court answers this question on the basis of the Working Time Directive (Directive 2023/88/EC) and its interpretation by the Court of Justice of the European Union (CJEU). What was this case about?The…
Read more >22 March 2024
The future of the non-compete clause in The Netherlands
Plans to tighten the non-competition clause have been developed into a bill. The draft bill on modernisation of the non-competition clause was announced on 4 March 2024 and is up for internet consultation until 15 April 2024. Thereafter, the bill will be sent to the House of Representatives, either in amended form or not. The legal requirements for using a non-competition clause are currently limited. The only conditions…
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