Blog
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…
Read more >20 March 2024
Report of Dirk Jan Rutgers’ participation in Spring European Employment Summit in Dublin
Dirk Jan Rutgers participated as Dutch expert employment law panelist in the recent Spring European Employment Summit in Dublin on 7 March 2024. This is an initiative of the organization International Employment Lawyer (IEL). Rutgers & Posch’ employment team is a member of the IEL. The subject of this panel’s session in which also the UK, Finland and Austria were represented was about creating healthier, safer workplaces. Workplace…
Read more >20 March 2024
Recent ruling by the Dutch district court regarding a transfer of undertaking following an ICT-contract change
In a recent judgement on February 14, 2024 (ECLI:NL:RBMNE:2024:749), the Dutch district court ruled that there was no transfer of undertaking following a change of contract between two ICT companies, concerning the provision of a bank’s datacenter services. Transfer of undertaking Because the employees involved in a transfer of undertaking retain the rights and obligations that arise from their employment agreements, it is relevant for the transferor, the…
Read more >6 February 2024
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…
Read more >6 February 2024
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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