Labour Law Topics
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,...
Arbeidsrecht Actueel 502
Does a Wage Claim for Applying a Lower Salary Scale Expire after Late Submission of a Complaint about it ?
An employee who complained about an incorrect job classification in the past, resulting in too low wages, had not forfeited her wage claim by not having complained about the incorrect job classification earlier. Wage claims, older than five years at...
Arbeidsrecht Actueel 501
Employer has to Compensate the Employee for Unsafe Working Environment
The employment contract with a female employee was dissolved by the Sub-district Court for a damaged employment relationship. In addition to the transitional allowance, the employer had to pay a fair compensation, due to the fact that the employee...