Labour Law Topics
Arbeidsrecht Actueel 514
Wage Freeze for Sick Employee who Refuses Conversation with his Employer
An employee who was incapacitated for work and who, due to a conflict with her employer, did not want to stay in contact with the employer because she claimed to be unable to do so, was not entitled to her wages. The Sub-district Court held the...
Arbeidsrecht Actueel 513
May an Employer Require a Sick Employee to Keep in Touch with Him?
When a sick employee refused to show-up at work in order to keep in touch with colleagues and with the employer, the employer wrongly discontinued the wage payment. The Sub-district Court criticised the employer for having ignored the occupational...
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...
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...
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...
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...