Labour Law Topics
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...
Arbeidsrecht Actueel 549
Invalidly Represented Employer was nevertheless Bound by the Employment Contract
A Foundation was represented by someone without the required authority when it entered into an employment contract, since only one director had signed the employment contract. Nevertheless the Foundation was bound by the employment contract because...
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...