Do you wish to keep valuable employees who are about to retire, but are you afraid termination will be difficult if they remain employed? As of this year, risks related to hiring employees who have reached the state pension age (an Older Employee) are considerably reduced, e.g. the duration of the prohibition to terminate
Maartje Govaert
Launch of the new Global Workplace Report
The Global Workplace Report is a monthly summary of our most popular blog articles from our Global Workplace Insider blog. This report provides concise commentary and insight essential for employers that want to stay current on the legal and business developments and trends impacting employment and labor matters globally.
Global employment and labor trends
United…
VAR-declaration replaced by model agreements as of May 1, 2016
By Thomas Timmermans & Maartje Govaert on
As of May 1, 2016, the VAR-declaration (Verklaring Arbeidsrelatie) will be replaced by model agreements approved by the Dutch Tax Authorities for each sector or professional field. This is due to the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act). As a result,…
Dutch senate passes Act House for whistleblowers
By Annette van Beers & Maartje Govaert on
On 1 March 2016, the Dutch senate adopted the Act House for whistleblowers (the Act). The Act introduces an independent and impartial governmental institution that investigates wrongdoing and assists employees in disclosure proceedings: the House for Whistleblowers. In addition, the proposal introduces several rules to protect whistleblowers. The Act is expected to come into force…
Dismissal law reforms in the Netherlands
By Maartje Govaert on
Dutch dismissal law will undergo a dramatic change with effect from 1 July 2015. If you are considering individual dismissals or a reorganisation with lay-offs, the legal changes will not only have a financial impact, but are also expected to complicate effecting dismissals. If your proposals do not comply with the new law any dismissals…
Flexible Working Act: Stronger position for employees who want to work from home
By Maartje Govaert & Annette van Beers on
On 14 April 2015, the Dutch Senate has accepted the Flexible Working Act, allowing employees of companies in the Netherlands more flexibility in respect of working hours and working from home. With effect from 1 January 2016, employees will be able to ask not only for changes to the number of hours they work, but…
Legislative proposal: Dutch Financial Undertakings (Remuneration Policy) Act
By Maartje Govaert & Annette van Beers on
Dutch Financial Undertakings (Remuneration Policy) Act
A bill in respect of remuneration in the Dutch financial sector is currently being debated in the senate: the Dutch Financial Undertakings (Remuneration Policy) Act (Wet beloningsbeleid financiële ondernemingen; the Act).
The proposed rules apply to all financial undertakings that are regulated by the Dutch Financial …
Is final discharge really final?
By Maartje Govaert & Annette van Beers on
Introduction
When an employer and an employee come to an agreement regarding the termination of an employment contract, the terms and conditions of such termination will be laid down in a settlement agreement. According to section 7:900 Civil Code, a settlement agreement seeks to conclude or prevent any uncertainty or dispute.
To prevent parties from …