Dans un arrêt récent du 17 juin 2026, la chambre sociale de la Cour de cassation a jugé que l’insertion dans un contrat à durée indéterminée (« CDD ») de remplacement d’une clause prévoyant sa rupture automatique en cas de retour anticipé du salarié remplacé prive d’effet la durée minimale exigée par la loi et justifie, à
Employment & Labour
Personnel Retention in Times of Crisis Act


The proposed Personnel Retention in Times of Crisis Act (Wet personeelsbehoud bij crisis) is intended to give employers practical tools to retain staff during temporary crises such as pandemics, war or natural disasters. We have previously prepared a blog on this Act, which you can find here.
During the consultation process, Norton…
Employers warned: Employer liability for repetitive strain injuries accepted by the Supreme Court


Recent case law serves as a reminder that employers are responsible for providing a safe and healthy working environment.
In a recent court case, both the District Court and the Court of Appeal held the employer liable for an employee’s repetitive strain injuries (RSI). Based on an extensive expert report, the courts concluded that the…
Revision of the European Works Council Directive


The revised European Works Council (EWC) Directive has been adopted and Member States are required to transpose the Directive into national law by 1 January 2028, with most provisions expected to apply from 2 January 2029.
On 18 June 2026, the Dutch Ministry of Social Affairs and Employment commenced an internet consultation on…
Reform of the Dutch bonus cap for financial institutions


A landmark reform of the Dutch bonus cap regime was approved by the Senate on 19 May 2026, fundamentally reshaping remuneration in the financial sector. The Dutch 20% bonus cap will largely be abolished and will apply only to Identified Staff. For the vast majority of employees in the financial sector, the bonus cap and…
New admission regime in labour-leasing market


The Provision of Personnel (Accreditation) Act (Wet toelating terbeschikkingstelling van arbeidskrachten, Wtta) introduces a new admission regime for temporary employment agencies and other companies that make workers available to third parties. Under the new regime, providers of personnel may only operate on the Dutch labour-leasing market if they have been admitted, and companies…
Reform of Dutch non- competition clauses


The Dutch government has submitted a legislative proposal to the Council of State (Raad van State) that would significantly restrict the use and enforcement of non-compete clauses. Under the proposal, non-compete clauses would be limited to one year, require a defined geographical scope and specific justification, and employers would have to pay compensation…
Legal Presumption of Employment for Low-Paid Contractors


On 16 June 2026, the Dutch Senate adopted the legislation introducing a legal presumption of employment for self-employed workers earning less than EUR 36 per hour. Where such a worker invokes the presumption, the hiring entity must demonstrate that no employment relationship exists.
The new presumption is primarily aimed at the lower end of the…
Restrictions on Dutch non-competition clauses


The Dutch government has proposed significant changes to the rules on non-compete clauses. The proposal follows concerns that non-compete clauses are often included as standard wording in employment contracts, even where there is no clear need for such a restriction.
What is expected to change?
Under the legislative proposal, the use and enforcement of non-compete…
Individual Mutual Termination Agreements in France: a turning point?
Since its introduction in 2008, the rupture conventionnelle individuelle (mutual termination agreement) has become one of the most commonly used methods for terminating indefinite term employment contracts in France. It offers a flexible and consensual alternative to resignation or dismissal, enabling both the employer and employee to agree on a departure while allowing the employee…