On 18 March 2026, the European Commission published the proposal for a new, harmonised European legal form: the EU Inc.Under the EU Inc. companies could opt into a single, uniform set of rules applicable across the EU. Currently, differences between the 27 Member States in areas such as incorporation, governance, employment law and taxation create
Labour Law
Developments in the assessment of self-employment
As of 1 January 2026, enforcement against false self‑employment by the Dutch Tax Administration has entered a new phase. From that date onwards, the Dutch Tax Administration are again able to impose penalty fines for culpable conduct (vergrijpboetes). However, as part of the so‑called “soft landing” regime no administrative default fines (verzuimboetes…
Potential limitation to compensation for statutory severance payment
The Dutch government has proposed to limit the compensation for payment of the statutory severance payment (transitievergoeding) following dismissal after two years of illness to small employers only. Currently, there is no size threshold, and employers of all sizes are entitled to compensation from the Dutch Labour Office (UWV). The government…
Legislative act introducing a mandatory Code of Conduct on undesirable behaviour
Under the proposed legislative act, organisations employing ten or more employees will be required to adopt a formal code of conduct addressing undesirable behaviour in the workplace. This requirement builds on employers’ existing obligations under the Working Conditions Act (Arbeidsomstandighedenwet), which already requires employers to implement policies aimed at preventing and mitigating psychosocial…
Council of State on the Dutch Implementation of the EU Pay Transparency Directive
On 7 April 2026, the Council of State (Raad van State) issued its opinion on the legislative proposal implementing the European Directive (EU) 2023/970 on pay transparency for men and women (Pay Transparency Directive). It introduces a package of measures aimed at promoting equal pay for men and women by increasing…
CDD DE REMPLACEMENT : OBLIGATION POUR L’EMPLOYEUR D’INFORMER LE SALARIE REMPLACANT DU LICENCIEMENT DU SALARIE REMPLACE ET COMMENT CET OUBLI TRANSFORME LE CDD EN CDI
Dans un arrêt du 13 novembre 2015, la Cour de Cassation a jugé dans le cadre d’un CDD de remplacement, que l’employeur devait informer le salarié remplaçant du licenciement du salarié remplacé et que s’il ne le fait pas, le contrat de travail a durée déterminée est alors requalifié en contrat de travail à durée…
The importance of drafting clear settlement agreements
A January 2026 judgment of the Labour Appeal Courthighlights the effect of vague drafting within a settlement agreement.
An employee’s alleged unfair dismissal dispute was settled on the basis that “the [employer] agrees to assist with the completion of the forms as required by the [employee], as applicable to the employer.”
The employee…
Labour Appeal Court clarifies the treatment of plea bargain agreements in disciplinary proceedings
In a January 2026 judgment, the Labour Appeal Court clarified the effect of a plea bargain agreement within internal workplace disciplinary process. Although such agreements are a useful and accepted feature of labour relations, they do not necessarily bind disciplinary chairpersons, and mishandling them can render a dismissal procedurally unfair.
Although more commonplace in…
Labour Court clarifies what constitutes just and equitable compensation for unfair dismissals
Employers should take careful note of a December 2025 judgment by the Labour Court wherein the principles applicable to determining what constitutes “just and equitable” compensation for substantively unfair dismissals were clarified, with the court confirming that compensation is not automatically limited to an employee’s actual financial loss.
The matter arose from the dismissal of…
EMPLOYEES WHO FALL ILL DURING THEIR HOLIDAY ARE ENTITLED TO CARRY OVER THEIR HOLIDAYS
After recognizing in September 2023 that employees on sick leave are entitled to accrue paid leave, the French Supreme Court has now recently ruled that paid leave must be taken into account when calculating the threshold for overtime, meaning that an employee subject to weekly working time calculations can claim overtime pay even if they…