Labour Law Topics



Recurrent Dropout Employee Looses Entitlement to Sick Pay

Arbeidsrecht Actueel 550

Recurrent Dropout Employee Looses Entitlement to Sick Pay

An employee who resumed work for her own employer after termination of the 104-week qualifying period for the WIA, and who fell ill again, lost her entitlement to the sick pay, because no newly stipulated work had been agreed. On May 27, 2021, a...

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Invalidly Represented Employer was nevertheless Bound by the Employment Contract

Arbeidsrecht Actueel 549

Invalidly Represented Employer was nevertheless Bound by the Employment Contract

A Foundation was represented by someone without the required authority when it entered into an employment contract, since only one director had signed the employment contract. Nevertheless the Foundation was bound by the employment contract because...

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Employer Has to Prove that Discontinuation of the Employment Contract was not Due to Illness

Arbeidsrecht Actueel 548

Employer Has to Prove that Discontinuation of the Employment Contract was not Due to Illness

Since the Sub-district Court presumed strongly that an employer had discontinued the fixed-term employment contract after expiration of the agreed term, because the employee had been diagnosed with metastatic breast cancer, the employer was ordered...

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Employer Must Remove Letter from Personnel File

Arbeidsrecht Actueel 547

Employer Must Remove Letter from Personnel File

The Sub-district Court believed that the employer had erred in its findings that the employee had failed to cooperate in her reintegration and therefore also in its decision to discontinue the wage payment. For that reason, the employer had to...

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Employer has to Pay Detained Employee Wages  during Illness

Arbeidsrecht Actueel 546

Employer has to Pay Detained Employee Wages during Illness

An employer had to continue wage payment to a detained employee during the latter’s illness, because the primary reason for not being able to work was not the detention, but the illness. In July 2022, a production employee of a metalworking...

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No Entitlement to Wages, despite the UWV Expert’s Confirmation of the Employee’s illness.

Arbeidsrecht Actueel 545

No Entitlement to Wages, despite the UWV Expert’s Confirmation of the Employee’s illness.

An employee who had applied to the Sub-district Court for continued payment of the wages during illness, but who had failed to include the legally required UWV expert opinion to accompany the summons, was still given the opportunity to do so by the...

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