Labour Law Topics
Arbeidsrecht Actueel 555
Security Guard who Seconded Himself as a Self-employed Person Did not Work under an Employment Contract
The agreements between two affiliated clients and a security guard were no employment contracts, given the security guard's freedom to either perform the agreed work or not to do so, and given the fact that he charged his security fee with an...
Arbeidsrecht Actueel 554
High Equitable Remuneration for Failure to Offer Suitable Work
For three years, an employer had refused to use the employee’s services in the own company during her labour incapacity, for reason that their employment relationship had allegedly unduly been disrupted. When the employment contract was finally...
Arbeidsrecht Actueel 553
No Legally Valid Summary Dismissal for Employee who had Overslept
After an employee had overslept, the employer had kicked in the front door of the employee’s home and had entered into his home and bedroom. When the employee did not resume work the next day, the employer wrongly summarily dismissed him. Since...
Arbeidsrecht Actueel 552
Upon Termination of the Employment Contract, the Employee had to Pay Part of the Lump Sum Payment of the Lease Contract
Although, upon leaving the company, the employee was not contractually obliged to pay the lump sum payment of the lease contract for the car provided to him, being a good employee implied that he had to pay part of the amount anyway. Early 2022, an...
Arbeidsrecht Actueel 551
Is it an Employer’s Obligation to Pay the WGA-Benefits of Acquired Employees
When answering the question of whether there had been a full transfer of the undertaking or of part of it, the UWV had insufficiently substantiated that the acquirer of a company had the obligation to pay the WGA-benefits of the employees and...
Arbeidsrecht Actueel 550
Recurrent Dropout Employee Looses Entitlement to Sick Pay
An employee who resumed work for her own employer after termination of the 104-week qualifying period for the WIA, and who fell ill again, lost her entitlement to the sick pay, because no newly stipulated work had been agreed. On May 27, 2021, a...