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Should you sign a settlement agreement during illness?

Have you called in sick? Is your employer suggesting ending your employment by signing a settlement agreement? Be careful. Termination of your employment under these circumstances may jeopardise your right to social security benefits.

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Does an employee have the legal right to work from home because of the coronavirus outbreak?

Thanks to the relaxation of the measures to control the coronavirus outbreak, more and more employees are able to return to the office. Nevertheless, the government’s advice remains to work from home as much as possible. Can an employer force employees to return to the office?

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Is the employer liable for a burnout?

More than a quarter of the employees sometimes suffer from burnout complaints. In most cases, a burnout is (partly) caused by a high workload. But also private factors can play a role. To what extent can an employee claim compensation of damages as a result of the burnout from the employer? 

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Is late payment of the holiday allowance permitted because of the coronavirus outbreak?

Most employees in the Netherlands expect to receive their holiday allowance in the month of May or June. However, this year, due to the financial difficulties caused by the coronavirus outbreak, some employees fear that their employer may be, at best, reluctant to pay out the holiday allowance on time and, at worst, unable to pay the holiday allowance at all. One of the trade unions, CNV, has reported that 8% of its members have stated that their employer will not be paying the holiday allowance that is due to them. Is this permitted by law?

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Can a company lower employee salaries because of the coronavirus outbreak?

Many businesses are suffering financially as a result of the coronavirus outbreak. Despite the Dutch government’s support measures, companies could be facing bankruptcy. To reduce costs, some companies wish to lower salaries. But are such pay cuts a viable option?

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Adjusting employment conditions: what are the employer’s options?

Sometimes it may be necessary for an employer to adjust the employment conditions of its employees. For example in the event the company is experiencing financial difficulties. Also, after taking over employees of another company, the acquiring company may need to align employment conditions of the new employees with company standards. Such adjustments could include cutting a bonus scheme, abolishing a lease scheme or changing leave schemes. What options does the employer have to change the employment conditions of employees?

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Coronavirus: your employment rights regarding holidays

EMPLOYMENT LAW

Due to the coronavirus many employers and employees are uncertain about how to handle the issue of holidays. On the one hand employees are forced to postpone their holiday plans. On the other hand many employers do not have sufficient work available to keep the employees working. It can also be that the demand for certain services and/or products suddenly increased due to the coronavirus outbreak, and employees are consequently suddenly needed in order to service this demand. What can employers and employees expect from each other?

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Are you being made redundant?

Dutch employment law offers a high degree of protection to employees working in the Netherlands.  Such protection comes to the fore in the event that an employer wishes to terminate an employee’s employment contract. An employer who intends to dismiss an employee is required, by law, to comply with several strict rules and regulations. During reorganisations, employees are often laid-off based on redundancy. Or alleged redundancy? In our experience it is not exceptional that lay-offs include employees whose employment activities do, in fact, continue to exist. We help expats figuring out the facts and negotiating more favourable terms of a settlement package.