Labour Law Topics
Arbeidsrecht Actueel 542
Actually, the Agreement between the Newspaper and a Self-Employed Proofreader is an Employment Contract
According to the Sub-district Court, the agreement between an entrepreneur and a self-employed person was actually an employment contract. Therefore, the entrepreneur could not simply terminate the agreement and therefore the entrepreneur had to...
Arbeidsrecht Actueel 541
Doubts about Sustainability of Employee’s Recovery
An employee who, after absenteeism due to illness, had resumed the agreed work for a period of over four weeks was no longer labour incapacitated, despite the fact that the occupational physician had expressed his doubts about the sustainability of...
Arbeidsrecht Actueel 540
Labour Incapacitated Employee is Entitled to Continued Wage Payment after Termination of the Waiting Period
An employer who had not taken up an employee's offer to perform suitable work after the end of the waiting period, had to pay her the wages for the suitable work the employee had offered to do. A female employee worked at a driving school as an...
Arbeidsrecht Actueel 539
Is the Employer Obliged to Compensate Overtime when Paying-out a Holiday?
When paying out holidays, overtime compensation must be taken into account if the overtime is structural. An employer had deployed a driver of a refrigerated/freezer truck on international long-haul road transport to and from Italy. As of March 1,...
Arbeidsrecht Actueel 538
High Equitable Compensation due to Deliberate Termination of the Employment Contract in Violation of the Law
An employer who had deliberately terminated the employment contract with a Belgian resident employee in violation of the law in order to force the employee to litigate before the Dutch Court regarding the end of the employment contract, had to pay...
Arbeidsrecht Actueel 537
Does an Employment Contract End by the Employer’s Notice of Termination?
An employer who gives notice of termination of the employment contract, even it involves a breach of the law, is not obliged to check whether the employee has understood that the employment contract has been terminated. In principle, the employer...