Labour Law Topics
Arbeidsrecht Actueel 548
Employer Has to Prove that Discontinuation of the Employment Contract was not Due to Illness
Since the Sub-district Court presumed strongly that an employer had discontinued the fixed-term employment contract after expiration of the agreed term, because the employee had been diagnosed with metastatic breast cancer, the employer was ordered...
Arbeidsrecht Actueel 547
Employer Must Remove Letter from Personnel File
The Sub-district Court believed that the employer had erred in its findings that the employee had failed to cooperate in her reintegration and therefore also in its decision to discontinue the wage payment. For that reason, the employer had to...
Arbeidsrecht Actueel 546
Employer has to Pay Detained Employee Wages during Illness
An employer had to continue wage payment to a detained employee during the latter’s illness, because the primary reason for not being able to work was not the detention, but the illness. In July 2022, a production employee of a metalworking...
Arbeidsrecht Actueel 545
No Entitlement to Wages, despite the UWV Expert’s Confirmation of the Employee’s illness.
An employee who had applied to the Sub-district Court for continued payment of the wages during illness, but who had failed to include the legally required UWV expert opinion to accompany the summons, was still given the opportunity to do so by the...
Arbeidsrecht Actueel 544
Employee was not Employed by the Payroll Company
An employee whom the employer had not properly informed about the transfer of her employment contract to a payroll company could annul the termination of the employment contract with the original employer due to error. As of November 2016, a...
Arbeidsrecht Actueel 543
UWV has to Compensate the Transactional Allowance, despite Changes in the Employment Contract during the Two-year Prohibition on Termination
An employer who had terminated the employment contract with an incapacitated employee during the two-year prohibition on termination period in order to enter into a new employment contract for suitable work, had not lost its entitlement to...