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.
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An employment contract will often include a non-competition clause.
This clause means that you will not be able to work for a company that competes with your employer’s company for a certain length of time after the employment contract has ended. The clause may include specific time frames and/or geographical limits.
Once you have signed an employment contract, the non-competition clause is generally valid – but not always. For various reasons this clause can be at least partly invalid.
If you have a temporary employment contract, then non-competition and client relations clauses are not permitted – unless the employer can explicitly explain, in writing and for each position, the need for such a clause due to urgent business or service interests. If such an explanation is lacking, the clause is null and void.
No matter your situation, do not violate your non-competition or client relations clauses. Doing so will incur heavy penalties. Instead, try to negotiate these clauses upfront, or seek legal advice on your options.
GMW lawyers advises both employers and employees on non-competition clauses.
If you are unsure about whether your existing non-competition clause is valid, or if it is preventing you from accessing reasonable work opportunities, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our 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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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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