Labour Law Topics
Arbeidsrecht Actueel 508
Fair Compensation for Failure to Extend the Employment Contract due to Pregnancy
An employer who had failed to extend the employment contract of a pregnant employee on the grounds of childbirth and care to her child, had to pay the employee a fair compensation for having discriminated between men and women . An employer had...
Arbeidsrecht Actueel 507
Dissolution of Employment Contract due to Default of already Summarily Dismissed Employee
An employee was summarily dismissed. In violation of the prohibition to carry out ancillary activities, he not only had a second full-time employment contract but two additional employment contracts as well. The Sub-district Court retroactively...
Arbeidsrecht Actueel 506
Demotion as a Sanction
By way of sanction, an employer had demoted an employee to a lower position. In the absence of an overriding business interest that would justify the unilateral change of the employment contract, however, the Sub-district Court ordered the...
Arbeidsrecht Actueel 505
Employer Has to Pay a High Amount of Overtime Hours and is Liable for the Damage Resulting from Burnout
hours will not only still have to pay the majority of these overtime hours, but is also held liable for the damage resulting from the employee’s burnout because the employer had violated its duty of care by having the employee work far more hours...
Arbeidsrecht Actueel 504
Competition Clause in Fixed-term Employment Contract Suspended
The Sub-district Court suspended the effect of a non-competition clause, included in a fixed-term employment contract, because the justification of the compelling business interest the employer had included in the clause to justify the agreement to...
Arbeidsrecht Actueel 503
Termination of Employment Contract during Illness is Upheld
An employee who had agreed to her dismissal during illness and who was not entitled to a Sickness Benefit for that reason, could not nullify the agreement to terminate the employment contract because of an error. Since she was assisted by a lawyer,...