2 October 2024
I want to dismiss my employee, what should I consider?
Terminating an employee under Dutch labor law is not a straightforward process.
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Unjustified discrimination on the basis of religion, race, gender, nationality or sexual orientation is against the law in the Netherlands.
Disabled and chronically sick employees are also protected against unequal treatment. Within an employment agreement there are even more prohibitions against discrimination. For example, employers are not allowed to make any distinction between full-time and part-time employees.
Discrimination in the workplace is a very common problem. Often the employer is not even aware that discrimination is not permitted. Unequal treatment may occur in all sorts of employment conditions, such as pensions, reimbursement of travel expenses, bonus policies, holidays, career development, working conditions and dismissal. Discrimination is also prohibited during the application stage.
In some cases, employees may be treated differently in the workplace. This is only possible if there is a legally permitted reason for the unequal treatment. When this is in doubt, we advise the employer to have an assessment carried out in advance to see whether making a distinction in the specific case is permitted.
Treating employees differently without objective grounds for justifying it is not permitted. If this occurs, the employee can demand that the employer ceases the discriminatory behaviour. If the parties cannot agree upon a solution between themselves, legal proceedings are inevitable. The Netherlands Institute for Human Rights can make a judgment about the alleged discrimination. These judgments are publicly posted on the Institute’s website and can result in a great deal of negative publicity. In addition, the case can be taken to court and there may be a demand for compensation.
GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
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2 October 2024
I want to dismiss my employee, what should I consider?
Terminating an employee under Dutch labor law is not a straightforward process.
Read more
26 August 2024
Limits to freedom of expression in the employment relationship
The conflict between Israel and the Palestinians, corona, the election results. Some examples of social issues that can lead to intense emotions of employees and firm statements in the workplace and via social media.
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21 August 2024
Bonus: a favor or a right?
In addition to the fixed salary, an employee can often earn an additional bonus. Conditions may be attached to the payment of the bonus. The employment contract or bonus scheme often states that the employer determines whether an employee is entitled to a bonus. This is called “discretionary authority.” How free is the employer to decide whether or not to pay a bonus? And can an employee acquire a right to the bonus?
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12 August 2024
Payment of wages during a sabbatical
Has one of your employees requested a sabbatical, and do you want to know what your obligations are as an employer? In this article, I will explain what you need to consider.
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12 August 2024
Conflict at work? Practical guidance for employers
Sometimes tensions can run high in the workplace. A (potential) labor conflict can create a very stressful situation, not only for employees but also for employers. Below are some practical tips on how employers can best handle this.
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5 August 2024
Effects of legislative proposal on current non-compete clauses
The Minister of Social Affairs aims to put an end to the automatism with which employers include a non-compete clause in an employment contract.
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31 July 2024
Free holiday days during illness?
Illness and holidays: a topic that many employers have to deal with. How does it work if an employee becomes ill before or during his holiday and how does it then work with cancelling holiday days in this regard?
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24 July 2024
Whistleblower protection: no nonsense!
Whistleblowers are indeed protected from dismissal. What does this mean in practice?
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22 July 2024
Getting started with the future of pensions act as works council
In this article, we provide some practical tips for the Works Council to have control over the complex pension dossier for the company and employees.
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