Labour Law Topics
Arbeidsrecht Actueel 531
Employer Remains Responsible for Occupational Physician’s Advice
The UWV was allowed to hold the employer responsible for the correctness of the occupational physician's conclusion of an employee's capacity, even though the employer had no reason to doubt the UWV conclusion. Yet, the wage sanction the UWV had...
Arbeidsrecht Actueel 530
When Is a Part Timer Entitled to Overtime Allowance?
There is a prohibited discrimination between full timers and part timers if the number of hours to be worked in order to qualify for an overtime allowance is the same for full timers and part timers. Since 2001, a German airline employed a pilot...
Arbeidsrecht Actueel 529
Discontinuation of On-call employee Calls Rather Costly
After an employment dispute with an on-call employee a company decided to discontinue calling-upon the on-call employee. This decision turned out to be very costly for the employer: the on-call employee did not leave it at that, and successfully...
Arbeidsrecht Actueel 528
Company has to Pay the Employee, despite Uncertainty about the Employing Company
On the basis of the fact that a company was the client of the company that was said to be the employing company, the former company may be obliged to pay the wages that were not paid by the latter company. In December 2021, a female employee...
Arbeidsrecht Actueel 527
Is an Employee Required to Take Leave if He Goes on Holiday during Illness?
An employee who was incapacitated for work and who, according to the occupational physician, was fully unavailable for work, did not have to take-up his leave days when he went on holiday for a longer period during his illness, since he had already...
Arbeidsrecht Actueel 526
The Self-Insured Employer Could Reduce Former Employee’s WGA- Benefit for Non-Cooperation with the Reintegration
An employer who was a self-insurer for the WGA had rightly decided to reduce an employee's WGA benefit by 25% for four months, since the employee refused to remain in contact with an employee of the insurance company by which the progress of the...