Blog
12 April 2023
Parliamentary letter on progress on the so-called Dutch labour market package
On Monday 3 April 2023, the long-awaited progress letter from the Dutch Minister of Social Affairs and Employment was published. In this letter, the minister announced a number of legislative changes. With these legislative amendments, the minister aims to level the playing field between employees and the self-employed and to reduce differences in treatment between employees with a permanent (long-term) employment contract and employees with a flexible contract.…
Read more >24 March 2023
Supreme Court has ruled: Deliveroo delivery drivers are employees and therefore not self-employed
The Supreme Court handed down an important ruling in the case of Deliveroo against its food delivery drivers on 24 March 2023. This finally provided a definitive answer to the question of whether the Amsterdam Court of Appeal was right to find that Deliveroo’s delivery drivers were working on the basis of an employment contract. The Supreme Court upheld the decision of the Court of Appeal. This means…
Read more >16 March 2023
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 >16 March 2023
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 >16 March 2023
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…
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