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Employer Liability Issues Netherlands

Littler

2024 Summer Olympics Series: The Netherlands

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Almost a century ago, in 1928, the Olympic Games were held in Amsterdam. Although the Netherlands has not been particularly active when it comes to organizing this major event as it has not organized the Olympics since, Dutch...more

Ius Laboris

Updates in Dutch Whistleblowing Law

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Starting as of 17 December 2023, the new (more strict) requirements of the Dutch Whistleblower Protection Act regarding internal reporting procedures for whistleblowers now also apply to midsize employers (those with 50-249...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

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For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Ius Laboris

New Year, new changes to HR rules in the Netherlands

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Employers in the Netherlands should be aware that in addition to previously announced (expected) legislative changes, the following rules in the HR field have come into effect as of 1 January 2024....more

Littler

Dutch Employer Paid Dearly for an Offer to Buy Out a Non-Compete Clause

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In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause. After the employee had terminated his employment contract, the...more

Hogan Lovells

New Year, new Dutch employment law rules!

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On behalf of the Employment Team of Hogan Lovells Amsterdam, we extend our best wishes for the New Year. In this newsletter, we will highlight key employment law changes effective from the 1st of January 2024, including...more

Hogan Lovells

Netherlands: Works Council Chronical 2023

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In this newsletter, we highlight significant court rulings in 2023 that revolve around crucial aspects of the Dutch Works Council’s Act (WCA). Specifically, our focus is on the right of appeal (Article 26 WCA), the right to...more

Littler

Dutch Court Finds Fraudulent Sick Leave Justifies Summary Dismissal

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Sooner or later all employers, including those in the hospitality industry, are faced with sick employees. Apart from the costs, this also brings with it the necessary operational hassle for employers; for example,...more

Hogan Lovells

Rejection of 'Work where you want Act’ and navigating remote working realities in the Netherlands

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The Dutch Senate rejected the ‘Work where you want Act’. What does this mean for employers? In short: Despite the rejection, remote work remains a significant consideration for employers in the Netherlands post-COVID-19....more

Littler

Will the Dutch Government Ban Non-compete Clauses?

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In a recent letter to the Netherlands’ House of Representatives, Minister Van Gennip announced a proposed reform of non-compete clauses, including non-solicitation clauses. It is clear through these propsed amendments that...more

Littler

Dutch Court Finds Employer Discriminated by Not Renewing an Employment Contract Due to Pregnancy

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In the Netherlands, a pregnant employee was told that her fixed-term employment contract would not be renewed. A day after the notice, her manager informed her by WhatsApp that the reason was that she was absent a lot and she...more

Latham & Watkins LLP

The Unions Strike Back - Considerations for MA Acquirers

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Those involved in M&A activity should view unions as major stakeholders and factor any possible or actual engagement obligations with them into an M&A deal process....more

Littler

Conduct of an Amsterdam University Lecturer: Creative or Transgressive?

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Since the rise of #metoo, transgressive behaviour in the workplace has been a hot topic involving a wide spectrum of industries - from sports clubs to politics and from television to education....more

Hogan Lovells

Long awaited Deliveroo ruling from the Dutch Supreme Court delivered

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Deliveroo bicycle couriers were qualified as employees instead of self-employed workers by the Dutch Supreme Court last week. The Dutch Supreme Court did not introduce a new framework for qualification and has left it up to...more

NAVEX

EU Whistleblower Protection Directive – February Round Up

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An overview of the Directive - Since the transposition deadline of the EU Whistleblowing Protection Directive on December 17, 2021, EU countries and organizations have been scrambling (and struggling) to transpose the rules...more

Littler

Dutch Supreme Court Finds On-Demand Deliverers Are Not Self-employed

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The Dutch Supreme Court has just ruled that Deliveroo meal deliverers are not self-employed, but rather “regular” employees. With this decision the Supreme Court confirms the earlier judgments of the Cantonal Court and the...more

Robinson+Cole Data Privacy + Security Insider

Dutch Court Rules Active Webcam Policies Violate Human Rights

A Dutch court ruled in favor of a Dutch national employed by a U.S. company who was fired for refusing to turn on his webcam. The ruling was part of the employee’s wrongful termination lawsuit against his former employer,...more

Hogan Lovells

Dutch Employment know how update

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This update provides an overview of the latest important developments in Dutch Employment legislation and case law. On 5 July 2022, the Dutch House of Representatives adopted the legislative proposal for the Work Where You...more

Littler

The Netherlands: Monitoring Discrimination When Recruiting and Selecting Employees

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Equal opportunity in the job market is not yet a given for everyone in the Netherlands; discrimination when recruiting and selecting new employees still occurs. The bill to oversee equal opportunities for recruitment and...more

Littler

Wiretapping employees in the Netherlands - let's run the tape?

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A sales adviser of an exclusive car dealer proved to be overly enthusiastic when he confided to a customer, in a phone call during working hours, that he was starting out for himself "in the background" and asked the customer...more

Littler

The Netherlands: Inappropriate Workplace Conduct – Educate Your Boss

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Early in 2019, we wrote in response to the #MeToo movement that an employer had to ensure a safe working environment. With a sound and effectively enforced policy, the employer is the cornerstone for preventing sexual...more

Littler

Littler Global Guide - Netherlands - Q4 2021

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Paid Parental Leave as of August 2, 2022 - New Legislation Enacted - On October 12, 2021, the Dutch Senate approved the Act on Paid Parental Leave, which is introduced as implementation of EU Directive 2019/1158. Currently,...more

Hogan Lovells

Een leven lang leren - Nieuw scholingsbudget voor werknemers, ondernemers en werkzoekenden

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De Nederlandse regering heeft aangekondigd dat vanaf 1 maart 2022 zowel werknemers, ondernemers, als werkzoekenden, die een band hebben met de Nederlandse arbeidsmarkt bij het UWV een budget kunnen aanvragen; het STAP-budget....more

Hogan Lovells

Lifelong learning - Netherlands: new training budget for employees, entrepreneurs and job seekers

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The Dutch government has announced that as of 1 March 2022, employees, entrepreneurs and job seekers who have a link to the Dutch labour market can apply for a budget, the so-called "STAP budget"....more

Littler

The Netherlands: SER issues Age Diversity Charter

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There is greater age diversity in the Dutch jobs market than ever before. This presents opportunities and challenges. Even though younger people (15 to 30 years old) and older people (over 50) are the most likely to lose...more

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