Labour Law Topics



Unilateral Change of Employment Contract Resulting from Covid 19 Pandemic

Arbeidsrecht Actueel 512

Unilateral Change of Employment Contract Resulting from Covid 19 Pandemic

The desire to secure the company’s financial situation during the Covid 19 pandemic was of such overriding importance for an employer that he could waive the pay increases under the applicable CLA by relying on the unilateral amendment clause in...

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Employer’s Claim regarding Compliance with Confidentiality Clause Rejected

Arbeidsrecht Actueel 511

Employer’s Claim regarding Compliance with Confidentiality Clause Rejected

When an employee took up employment with a competitor, his former employer claimed in summary proceedings that the employee would comply with the confidentiality clause in the employment contract and that the employee would forfeit a penalty if he...

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Employment Contract Does not End by Performing Suitable Work for Another Employer

Arbeidsrecht Actueel 510

Employment Contract Does not End by Performing Suitable Work for Another Employer

An employer was ordered to cooperate in terminating the employment contract with a long-term labour incapacitated employee and to payment of the transitional allowance. The employer's defence that the employment contract had already ended from the...

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Employer also must Pay Wages for the Time on which an Employee had to be Present before the Start of his Work

Arbeidsrecht Actueel 509

Employer also must Pay Wages for the Time on which an Employee had to be Present before the Start of his Work

An employer also had to pay wages for the ten minutes per day on which the employee had to be present before the start of his work, even though this employee did not or only partially work during these minutes, since this time should be treated as...

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Fair Compensation for Failure to Extend the Employment Contract due to Pregnancy

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...

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Dissolution of Employment Contract due to Default of already Summarily Dismissed Employee

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...

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