Labour Law Topics
Arbeidsrecht Actueel 557
No Dissolution of the Employment Contract of an Employee who had Deliberately Untruthfully Reported Sick
The employment contract of an employee who had untruthfully reported sick in order to able to attend a wedding could not be terminated. The prohibition on termination during illness precluded it, because the employee was ill when the termination...
Arbeidsrecht Actueel 556
Summary Dismissal for Untruthful Notification when Reporting Sick
An employee who had untruthfully reported sick was rightly summarily dismissed by her employer. An employee worked as an educator at a childcare institution in Hengelo. On January 6, 2014, the employee reported sick via a WhatsApp message, in...
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...