An employer who wants to terminate the employment contract because of poor performance must build a good dossier. The court will assess whether there is unfitness for the work that is not caused by illness, defects, or the working conditions. The employee must have been addressed about his performance in a timely and clear manner…
Termination by mutual consent is an efficient and practical way to terminate the employment contract. Concluding a settlement agreement, if it meets the correct conditions, also in principle entitles one to a WW benefit. The settlement agreement is therefore broadly preferred by employers as a means to end the employment contract. After all, there is…
The Supreme Court gave further clarification in February 2025 on the criteria by which it can be assessed whether there is self-employment or an employment contract (Hoge Raad 21 februari 2025, ECLI:NL:HR:2025:319 . After the Deliveroo judgment, in which 9 viewpoints were given, new questions arose, of which, in our view, the most interesting is:…
There has already been much litigation over the question of whether an employer may reclaim the lease car made available to the employee. Generally, case law holds that a lease car that may also be used privately is an employment condition. And an employment condition may not simply be unilaterally changed by the employer. In…
De Volkskrant has wrongfully dismissed the editor over a #metoo allegation. Read more here on the basis of which arguments the Gerechtshof Amsterdam awards the editor a high equitable compensation…..
The standard excuse “we are (just) a “tech company” does not seem to really appeal to the Amsterdam Court of Appeal yet. Earlier rulings concerning Deliveroo (ECLI:NL:GHAMS:2021:392) and Uber (ECLI:NL:RBAMS:2021:5029) in which these “tech” companies are simply regarded as (modern) employers and must apply the collective labour agreement (CAO), are still fresh in the memory….
As of 1 July 2021, the statutory vacation days from 2020 will expire. The employer must have complied with his obligations regarding holiday entitlements. In this post we explain how:
