Have you been fired or will your contract no longer be extended? In that case, you are in principle entitled to a transition payment (also referred to as severance payment). A transition payment is a financial compensation that the employer must pay if he no longer extends your contract or fires you. If you resign yourself, you are in principle not entitled to a transition payment, unless there is a serious culpable act/omission on the [...]
An employment contract can end in several ways. This is the case, among others, when an employer and an employee enter into a settlement agreement. But what should be in such an agreement? And what are your rights and obligations? You can read more about that in this blog.
How do you get your salary if your employer is obliged by UWV to continue paying wages for a longer period?
If an employee becomes ill, the employer must pay the salary for up to 2 years. If the employee is still ill after 2 years, the employee can apply to the UWV for disability benefit (WIA). Sometimes the UWV will not yet process this application because the employer has not fulfilled his obligations. UWV then decides that the wage payment obligation will be extended. So what should an employee do? How do you ensure that you still receive your salary?
Dutch law also includes the possibility that contractual obligations are not recognised under the law itself. An agreement to break the law, for instance, is not valid and cannot therefore be enforced by a judge. Such a situation seldom arises in professional contracts between businesses, but nevertheless it is advisable to seek legal advice if there is a lot at stake. In the Netherlands verbal agreements are just as valid as written contracts, although it [...]
Given the strict legal protection of employees in the Netherlands, many employers prefer to work with freelancers as they cannot claim status as employees. On the other hand, whether someone is or is not an employee is determined by law; the client and the freelancer do not always have the right to define the legal status of their relationship. Legal advice is essential to avoid problems relating to tax and social premiums. Employment law varies [...]
The dismissal law would become simpler. Therefore, the petition procedure would become the rule in dismissal cases. But in labor law, many cases still remain that begin with a subpoena.
Until 1 July 2015, no appeal can be lodged against dismissal decisions. That will be different. Employees who have been dismissed can already receive unemployment benefits and can also collect the severance pay. Their employers run the risk that the higher court will reverse their dismissal.