Labour Law Topics
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...
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...
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...
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...