26 March 2025
Copying company information to a private email
In today’s digital workplace, employees generally have easier access to sensitive company information.
Read more
Sometimes it is difficult to distinguish an employment contact from an agreement to carry out work.
However, the legal consequences are very different.
The employment contact is legally concluded with an offer which is accepted. This agreement does not necessarily have to be drawn up in writing. A signed contract is not necessary. As soon as parties have reached a verbal agreement, they are bound by it. In addition, the employment contract can also be concluded tacitly when one party carries out paid work in the service of another party.
Obviously it is sensible to confirm the agreement in writing in an employment contract. This prevents arguments about the exact conditions at a later stage. In some cases the employer is obliged to do so because of the applicable collective employment agreement. In addition, some clauses always have to be drawn up in writing. For example, a non-competition clause or a clause about a trial period is only valid if it has been drawn up in writing.
There are some things which the employer must always confirm to the employee in writing as soon as there is an employment relationship, for example, the name and place of residence of the employer and the employee, the place where the work is to be carried out, the position of the employee, the start date of the employment, whether an open ended contract has been agreed upon, or, in case of a fixed term contract the duration of the employment, the applicable notice period and the applicable collective employment agreement.
Employers and employees should always take a critical look at the content of the employment contract. The conditions which are included in an employment contract are not always binding. For example, some employment conditions can be superseded by peremptory rules arising from the law or from the applicable collective employment agreement.
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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26 March 2025
Copying company information to a private email
In today’s digital workplace, employees generally have easier access to sensitive company information.
Read more
18 March 2025
Holiday During Sick Leave: Is Permission Required?
What are the rights and obligations of employees who wish to go on holiday while on sick leave? In this blog, we explain the legal rules, the role of the company doctor, and the possible consequences if a sick employee goes on holiday without permission.
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17 March 2025
Obligations under the Collective Dismissal Notification Act
Under the Dutch Collective Dismissal Notification Act (WMCO), you are required to notify the Employment Insurance Agency (UWV) of the dismissal of 20 or more employees within three months. In this blog, we share some practical tips.
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5 March 2025
Building a paper trail in Dismissal Cases
Wherever people work together, employment relationships can be disrupted due to various circumstances. If an employer no longer wishes to continue an employment contract for this reason, the court will assess whether there is a valid ground for termination. In such cases, the dismissal file plays a crucial role.
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25 February 2025
Immediate Dismissal of a Sick Employee
During the first two years of an employee’s illness, an employer is generally not allowed to terminate the employment contract. However, there are exceptions to this rule. The dismissal protection does not apply if the sick employee is dismissed for urgent reasons, meaning they are dismissed on the spot (summary dismissal).
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12 February 2025
Gross misconduct by employer due to breach of reintegration obligations
An employer may request the court to terminate an employment contract on the grounds of a disrupted working relationship. In some cases, the court grants termination and concludes that the disruption resulted from gross misconduct by the employer. Such cases are exceptional.
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5 February 2025
A Promise is a Debt (in principle)
Can an employer retract a (verbal) promise to extend an employee’s contract? In principle, no. A promise is a debt.
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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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