Labour Law Topics
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...
Arbeidsrecht Actueel 536
Prior to Termination of his Employment, the Employee sent Contact List to his Private Email Address
An employee who, shortly before termination of his employment, had forwarded a list of customer data to his private email address and from there to the company email address with his new employer, could not be sued for violation of the...
Arbeidsrecht Actueel 535
Fair Compensation upon Dissolution for Long-term Incapacity?
The employer who had the UWV permission to terminate an employee’s employment contract because the employee had been ill for over two years, did not have to pay her a fair compensation since the employee had failed to demonstrate that the...
Arbeidsrecht Actueel 534
Threatening the Employer, no Reason for Summary Dismissal
A labour incapacitated employee who had threatened his employer could not summarily be dismissed because the threat arose from the employee's illness. An employee who worked for a wholesaler in building materials dropped out for work in May 2022....