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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The easiest way for an employer to terminate an employment contract is by reaching an agreement with the employee.
Parties should in that case agree on all specific terms preferably in writing and in a so-called settlement agreement. That way, the risk of discussions arising as to the exact terms is reduced.
Different subjects can be taken into consideration in the settlement agreement. These include (but are not limited to) the date on which the employment contract ends, a possible severance to be paid by the employer but also payment of outstanding salary, holiday pay and vacation days, a confidentiality clause, whether or not a non-competition and/or non-solicitation clause should be waived and the return of company property.
Dutch law offers the employee 14 days to withdraw his or her consent to a termination agreement without stating a reason. Upon concluding a termination agreement the employer is obliged to notify the employee of this statutory right to a reconsideration period.
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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