13 August 2025
Summary dismissal: steps to take
In many cases, a summary dismissal does not meet the strict legal standard of the existence of an urgent reason. This was also the case in a recent case brought before the court.
Read more
Should you become ill and be unable to work, a variety of problems and obligations arise, both for you as an employee and for your employer.
From the first day of sickness, it is very important that you and your employer strictly follow the applicable regulations. If either of you do not follow these procedures, you could be fined.
In general, if you are sick for longer than 1 week, then the company doctor (“bedrijfarts”) will be called upon. It is this company doctor alone, not the employer’s doctor nor your own personal doctor, who will assess whether you are unable to work due to sickness.
If your sickness persists, then you and your employer must draw up a plan of action to reintegrate you in your job. Getting you back to work is the joint goal of both you and your employer.
Are you not able to carry out your own work, but you are able to carry out other work? Then both parties must accept that you will be offered “suitable work” by the employer. You may be reintegrated in the employer’s company itself or outside it.
If you are not able to carry out the work that has been negotiated as a result of your sickness, your employer is obliged to continue to pay you 70% of your salary during the first 104 weeks of sickness.
Your employer may not terminate your employment or dismiss you via UVW procedure during this period (the first 104 weeks of sickness).
If you are still not able to resume your former job after 104 weeks of sickness, then your employer’s obligation to continue to pay your salary comes to an end. In that case, the employer can ask the UWV for permission to terminate your employment agreement.
GMW lawyers has a team of experts in employment law who can advise you about your rights, obligations, and the applicable processes to follow.
If you need help with issues regarding illness and burnout, please contact us for further information.
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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13 August 2025
Summary dismissal: steps to take
In many cases, a summary dismissal does not meet the strict legal standard of the existence of an urgent reason. This was also the case in a recent case brought before the court.
Read more
11 August 2025
Termination after concealing a second job
In today’s workplace, it's not uncommon for employees to juggle multiple jobs. However, what happens when an employee hides a second job from their employer?
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23 July 2025
Medical decision making in the employment relationship from the employer’s perspective
Employers often perceive sickness notifications and absenteeism as a significant burden. This is understandable. Employees on sick leave would also prefer to be at work rather than at home unable to work.
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16 July 2025
Business closure: what to do with employees?
The company is shutting down. This may be due to poor financial performance or because the sole owner is seriously ill or has passed away. However, ceasing operations and closing the doors does not mean that employment contracts with staff automatically end. So how does this work?
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10 July 2025
Implications of the Uber-ruling for companies employing freelancers
Is a freelancer an employee or a contractor? The distinction carries major implications for legal protection, as well as financial and tax consequences.
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3 July 2025
Definitely not good employment practice
The Amsterdam Cantonal Court recently issued a ruling that provides insight into court procedures for terminating an employment contract. The decision underscores the importance for employers to handle termination requests with care.
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23 June 2025
Can you dismiss a ‘benchwarmer’?
A "benchwarmer" is an employee who has little to no work and, as a result, is not productive enough.
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16 June 2025
When Embassy’s enter into an employment contract in the Netherlands
When an embassy in the Netherlands enters into an employment contract with an employee, it may expect that the laws of its home country will apply. However, this is often not the case.
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11 June 2025
Booking.com employee facing termination? We offer legal advice
Booking.com has announced a large-scale reorganisation, as a result of which many positions will become redundant.
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