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Verwijtbaarheidstoets in de WW |
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14 May 2009 |
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The Centrale Raad van Beroep (Central Appeals Tribunal) in Utrecht gave a series of verdicts on 18 February this year concerning the question as to whether unemployment benefit should be granted to former employees or not. These verdicts could be of significance to your practice and for that reason we would like to provide you with the necessary information. |
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05 December 2008 |
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26 November 2008 |
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Dismissal pay maximum set for higher incomes
Henceforth, employees with an annual salary of € 75,000 or more will receive a maximum of one year's salary in redundancy money. To this end, the Dutch Civil Code will be amended. The Council of Ministers has approved a legislative proposal to this effect from Social Affairs and Employment Minister Donner and Justice Minister Hirsch Ballin. |
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04 November 2008 |
One-tier management model set down in law
In order to make Dutch trade and industry more attractive to the outside world the Dutch Council of Ministers has, at the proposal of Justice Minister Hirsch Ballin, approved the introduction of a legislative proposal to adopt the decision to have a joint board of executive and non-executive managers (a 'one-tier board').
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Aanpassing kantonrechtersformule met ingang van 01-01-2009 |
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30 October 2008 |
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The formula used by subdistrict courts for awarding compensation in the event of rescission of employment contracts is being amended. |
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Koerswijziging Hof Den Haag |
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16 October 2008 |
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Reversal of policy Court of The Hague in the event of manifestly unfair dismissal.
Henceforth the Court of Appeal at The Hague will take the subdistrict court formula minus 30% as a starting point in cases of “manifestly unfair” dismissal. Today (14 October 2008) on appeal the Court of The Hague gave its verdict on this for the first time in seven cases. |
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Uitspraak Hoge Raad: concurrentiebeding in personeelsreglement |
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25 April 2008 |
On 28 March 2008, the Supreme Court pronounced a significant judgement concerning the competition clause and the requirement to set agreements down in writing. What were the circumstances? The employee starts working for the employer in the role of assistant accountant. Terms and conditions of employment are applicable to the employment contract, in which a non-compete clause has been included. After a couple of years the employee is sent a revised copy of the terms and conditions of employment (with covering letter). A non-compete clause is included in the terms and conditions of employment.
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Nieuwe Handelsregisterwet treedt op 1 juli 2008 in werking |
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18 April 2008 |
The new Handelsregisterwet (Trade Register Act) 2007 will come into force on 1 July 2008. The new trade register will serve as a new integral, digital basic register of companies and legal entities.
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Alleen invoeren van een gedragscode is niet genoeg! |
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03 April 2008 |
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An increasing number of employers are adopting codes of conduct to prevent unwanted employee behaviour, such as surfing the internet and use of e-mail for purposes that are not work-related. It is emerging from case law that subdistrict courts are great believers in the existence of such a code of conduct in order to judge whether it be right that an employee has been summarily dismissed. However, the introduction of a code of conduct is often insufficient for you as an employer to refer to the code. More is expected of employers. |
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Let op met het afspreken van targets! |
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14 March 2008 |
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Nowadays it is very common that an employee will receive a bonus in addition to his fixed salary. In such cases, the bonus will often be calculated on the basis of the turnover (targets) generated by the employee. It is always advisable to set down in writing the targets being agreed with an employee. In a recent decree by the Court of Den Bosch, however, it does turn out very unpleasant for the employer when he forgets to agree new targets with the employee. Indeed, the Court of Den Bosch ruled that the employee must be paid a bonus, to which he actually had no right. What on earth were the circumstances? |
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Contractspartij vennootschap in oprichting |
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03 March 2008 |
It often occurs that agreements are entered into, whilst one of the parties to the contract has not yet been incorporated. For the cessation of the joint and several liability of a party signing a contract on behalf of a partnership to be incorporated, ratification of the juristic act alone is insufficient.
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