24 April 2025

Restructuring: selection based on suitability is permitted

How does an employer determine which employee is made redundant during a reorganisation? The reflection principle (in Dutch: afspiegelingsbeginsel) is the obvious statutory starting point.

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14 April 2025

Client or Employer?

Since January 1, 2025, the Dutch Tax Authority have resumed enforcement of payroll taxes, focusing on identifying false self-employment on the work floor.

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2 April 2025

Right of consent for works council in a group context

The works council has a legal right of consent when an employer plans to change a remuneration system.

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3 February 2025

Taking action against damage to employer reputation

Most employers include confidentiality clauses in employment and termination agreements.

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29 January 2025

Strengthening Works Council Rights in Bankruptcy Cases

For the second time in five years, a proposed bill was open for public consultation, introducing new rules that automatically transfer employees to the acquiring company during a restart after bankruptcy.

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20 January 2025

Respecting co-determination rights

Works councils do not often take legal action against their own management. Typically, they try to resolve disputes through constructive dialogue with the management or entrepreneur, which is often the preferred approach. However, if dialogue fails, works councils (WC) have several legal avenues available.

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18 December 2024

Three-strikes-and-you’re-out policy

In staff manuals I regularly come across the rule that a third warning automatically leads to dismissal with immediate effect. In baseball terminology, this is called a ‘three-strikes-and-you’re-out’ policy. An employer from Eindhoven also called this an ‘oei-foei-doei’ policy.

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4 December 2024

Respecting Works Council’s Participation Rights

Works councils do not often litigate against their own management. Generally, the works council (WC) and the manager or entrepreneur prefer to resolve disputes through constructive dialogue.

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25 November 2024

Enforcing the establishment and recognition of a works council

Nearly one-third of companies with more than 50 employees do not have a works council (WC).

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