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
Labour Law
EOR in France: The do’s and don’t’s
Over the past years, the use of Employers of Record (“EOR”) has significantly increased outside of Europe and is now also developing across European countries.
This growing interest is due to the EOR system offering increased flexibility to companies, in particular for those intending to expand their business in countries where they do…
The EU Inc. and employee participation


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…
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…
