Tag archives: Employment

Intra-Corporate Transfer Directive implemented in the Netherlands

On November 29, 2016 the Dutch Royal Decree (the Decree) which implements the European Intra-Corporate Transfer Directive (2014/66/EU) (the Directive), came into force. The Directive applies to secondments of non-EU citizens satisfying certain conditions whose main place of residence is outside the EU (Expats) to an EU Member State. The Directive simplifies the admission procedure … Continue reading

What rights do workers have to rest breaks in France?

By Laure Joncour on December 16, 2016 Posted in Europe, France

French regulations strictly supervise employees’ working time, which may not exceed a certain limit and must include break time and minimum rest periods. Not only must the employer comply with these obligations, but in the event of litigation, the employer must be in a position to produce evidence that it has done so. Each employee … Continue reading

Update: Assessment of Employment Relationships (Deregulation) Act (DBA)

By Thomas Timmermans on October 27, 2016 Posted in Europe, The Netherlands

Working with independent contractors/freelancers? In May 2016, we discussed https://www.globalworkplaceinsider.com/2016/05/var-declaration-replaced-by-model-agreements-as-of-may-1-2016/ the abolition of the VAR-declaration as a result of the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act) which came into force on 1 May 2016. The first year is intended as a transitional period, during which law enforcement … Continue reading

The Foreign Nationals Employment Act

By Thomas Timmermans and Saskia de Schutter on September 16, 2016 Posted in General, The Netherlands

Financial risks when using foreign workers in the Netherlands Hiring contractors or temporary employment agencies that employ foreign workers in the Netherlands, can create financial risks of which you should be aware. If foreign workers carry out activities for the benefit of your business, you should comply with legal obligations under the Foreign Nationals Employment … Continue reading

“Brexit” – Employment Law Implications

By Amanda Sanders on June 30, 2016 Posted in Europe, UK

On 23 June 2016, voters in the UK referendum chose to leave the European Union. Exit from the EU will require the government to make a formal application under Article 50 of the Treaty on European Union. This provides for a period of negotiation of up to two years (which can be extended if agreed). … Continue reading

Say What You Mean and Mean What you Say (And Put it in Writing)

By Heather Cameron on January 20, 2015 Posted in Canada

A recent Ontario case provides a good reminder of the importance of a clear and thorough employment contract. In the case, an employee with eight months’ service claimed he had a five-year fixed term contract and sued for more than four years of lost wages. Facts The parties had negotiated the employee’s move from Vancouver … Continue reading

Tribunal Finds Age Discrimination in Job Application Form

By Michael Torrance on August 15, 2014 Posted in Canada, Discrimination and harassment

In Kosovic v Niagara Caregivers and Personnel Ltd (“Kosovic”), the Ontario Human Rights Tribunal held that a recruitment agency’s job application form that asked for the applicant’s date of birth contravened the Ontario Human Rights Code. The Tribunal awarded the applicant $500 in damages to compensate him for injury to his dignity, self-respect and feelings, … Continue reading

Delayed Promotion Not Constructive Dismissal

By Michael Torrance on August 15, 2014 Posted in Canada

In the recent case of Penteliuk v CIBC World Markets Inc, the Ontario Superior Court held that an employee whose promised promotion was taking longer than expected was not constructively dismissed. The Plaintiff was employed as a Managing Director at a large financial institution. In February of 2004, the Plaintiff turned down a lucrative employment … Continue reading