Labour Law Topics
Arbeidsrecht Actueel 544
Employee was not Employed by the Payroll Company
An employee whom the employer had not properly informed about the transfer of her employment contract to a payroll company could annul the termination of the employment contract with the original employer due to error. As of November 2016, a...
Arbeidsrecht Actueel 543
UWV has to Compensate the Transactional Allowance, despite Changes in the Employment Contract during the Two-year Prohibition on Termination
An employer who had terminated the employment contract with an incapacitated employee during the two-year prohibition on termination period in order to enter into a new employment contract for suitable work, had not lost its entitlement to...
Arbeidsrecht Actueel 542
Actually, the Agreement between the Newspaper and a Self-Employed Proofreader is an Employment Contract
According to the Sub-district Court, the agreement between an entrepreneur and a self-employed person was actually an employment contract. Therefore, the entrepreneur could not simply terminate the agreement and therefore the entrepreneur had to...
Arbeidsrecht Actueel 541
Doubts about Sustainability of Employee’s Recovery
An employee who, after absenteeism due to illness, had resumed the agreed work for a period of over four weeks was no longer labour incapacitated, despite the fact that the occupational physician had expressed his doubts about the sustainability of...
Arbeidsrecht Actueel 540
Labour Incapacitated Employee is Entitled to Continued Wage Payment after Termination of the Waiting Period
An employer who had not taken up an employee's offer to perform suitable work after the end of the waiting period, had to pay her the wages for the suitable work the employee had offered to do. A female employee worked at a driving school as an...
Arbeidsrecht Actueel 539
Is the Employer Obliged to Compensate Overtime when Paying-out a Holiday?
When paying out holidays, overtime compensation must be taken into account if the overtime is structural. An employer had deployed a driver of a refrigerated/freezer truck on international long-haul road transport to and from Italy. As of March 1,...