The non-solicitation clause
Written by: Nico Koppel | 9 December 2019
More often than not an employee’s infringement of a non-compete or non-solicitation clause will expose him or her to a hefty penalty.
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Written by: Nico Koppel | 9 December 2019
More often than not an employee’s infringement of a non-compete or non-solicitation clause will expose him or her to a hefty penalty.
Written by: Nico Koppel | 3 April 2019
It is up to the employer to document the risks in an RI&E, which in addition to describing the specific hazards also needs to address such risk-reducing measures as the employer has put in place.
Written by: Sean-Paul Smit | 28 March 2019
An employer operated a company car scheme for the benefit of all members of staff who in the line of duty had to drive more than 10,000 kilometres annually or whose position within the company warranted it.
Written by: Willemijn Houter | 21 February 2019
A “licence to uninterrupted leisure time” should accrue to everyone, as an indispensable right enabling the relief – or, better still, the prevention – of complaints of a stress and burn-out related nature.
Written by: Nico Koppel | 31 January 2019
Any employee who is rendered occupationally disabled is entitled to (up to) two years’ worth of continued wage payments by his or her employer.
Written by: Sean-Paul Smit | 11 November 2018
The past few years have seen the state retirement age in the Netherlands steadily increasing. This has to date been done by fixed increments, which it will continue to do until year-end 2021, whereas from 2022 onwards the state retirement age will be linked to the life expectancy trend.
Written by: Stan Evers | 4 November 2018
One of the memorandums of amendment having been prompted by the reconsideration of the dividend tax abolition addresses the emergency repair measure for tax entities in a corporation tax sphere.
Written by: Bas Hollenberg | 27 October 2018
The statutory transitional compensation regime is mandatory in nature (i.e. it cannot be departed from).
Written by: Bas Hollenberg | 25 October 2018
The maximum amount in transitional compensation is subject to annual revision by ministerial regulation.
Written by: Bas Hollenberg | 17 August 2018
It is important when interpreting a non-compete clause in addition to examining the actual phrasing also to consider the significance of the clause in the perception of the parties involved and their warranted expectation of one another in this respect.
Written by: Bas Hollenberg | 2 August 2018
Employees cannot in principle have their employment contract legitimately terminated by their employer without their written consent unless the scenario at hand is one of summary dismissal, for which the employer must have urgent cause.
Written by: Willemijn Houter | 19 April 2018
According to legal precedent it is the employer’s duty to take out adequate insurance against loss, damage and/or harm suffered by any member of the workforce who while performing his or her duties as the driver of a motorised vehicle may become involved in a road accident.
Written by: Bas Hollenberg | 11 January 2018
The Subdistrict Court found itself adjudicating the case of an employee of whose service contract a confidentiality clause (which extended to the employer’s clients and business associates), a non-compete clause and a non-solicitation clause had formed part, banning him on pain of penalty from making disclosure to third parties – both during the term of […]
Written by: Marcel Frazer | 18 October 2017
A non-compete clause will make it more difficult for the employee in question to take up a position elsewhere when his or her employment contract ends.
Written by: Marcel Frazer | 3 August 2017
Should the Sub District Court have the authority to enable the withdrawal of a dissolution petition for reasons of the intended awarding of a transition allowance?
Written by: Marcel Frazer | 21 July 2017
It is the Salary Costs (Incentive Allowances) Act of the Netherlands by means of which the current social insurance contribution discounts are converted to wage cost benefits for the occupationally disabled and for older recipients of social benefits.
Written by: Bas Hollenberg | 9 July 2017
The Sub District Court in response to a request from an employee ordained that the latter’s former employer had to pay out compensation for failure to abide by the notification obligation.
Written by: Marcel Frazer | 29 June 2017
When UWV upholds an employer’s request for permission to discontinue the employment contract with a particular employee for commercial reasons..
Written by: Marcel Frazer | 24 June 2017
Any employer who fails to live up to the obligation to help achieve the employee’s return to work without delay risks having the continued wage payment obligation extended.
Written by: Marcel Frazer | 4 May 2017
Employers must have “good cause” for terminating any employee’s service contract.
Written by: Marcel Frazer | 6 April 2017
Employers are under the obligation to pay transitional compensation to any employee whose service contract is terminated on expiry of a two year term or more.
Written by: Marcel Frazer | 16 March 2017
When an employee is dismissed on his or her employer’s initiative, he or she gains entitlement to a transition allowance the level of which depends on the length of service.
Written by: Bas Hollenberg | 15 September 2016
At dismissal at the initiative of the employer after at least two years of service, the employee is entitled to a transition allowance.
Written by: Bas Hollenberg | 20 March 2016
An employee’s culpable conduct can give the employer an adequate reason for dismissal, even if conduct in question is outside the workplace.
Written by: Bas Hollenberg | 4 March 2016
When is the start of the two-week reflection period by mutual consent?
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