Labour Law Topics
Arbeidsrecht Actueel 553
No Legally Valid Summary Dismissal for Employee who had Overslept
After an employee had overslept, the employer had kicked in the front door of the employee’s home and had entered into his home and bedroom. When the employee did not resume work the next day, the employer wrongly summarily dismissed him. Since...
Arbeidsrecht Actueel 552
Upon Termination of the Employment Contract, the Employee had to Pay Part of the Lump Sum Payment of the Lease Contract
Although, upon leaving the company, the employee was not contractually obliged to pay the lump sum payment of the lease contract for the car provided to him, being a good employee implied that he had to pay part of the amount anyway. Early 2022, an...
Arbeidsrecht Actueel 551
Is it an Employer’s Obligation to Pay the WGA-Benefits of Acquired Employees
When answering the question of whether there had been a full transfer of the undertaking or of part of it, the UWV had insufficiently substantiated that the acquirer of a company had the obligation to pay the WGA-benefits of the employees and...
Arbeidsrecht Actueel 550
Recurrent Dropout Employee Looses Entitlement to Sick Pay
An employee who resumed work for her own employer after termination of the 104-week qualifying period for the WIA, and who fell ill again, lost her entitlement to the sick pay, because no newly stipulated work had been agreed. On May 27, 2021, a...
Arbeidsrecht Actueel 549
Invalidly Represented Employer was nevertheless Bound by the Employment Contract
A Foundation was represented by someone without the required authority when it entered into an employment contract, since only one director had signed the employment contract. Nevertheless the Foundation was bound by the employment contract because...
Arbeidsrecht Actueel 548
Employer Has to Prove that Discontinuation of the Employment Contract was not Due to Illness
Since the Sub-district Court presumed strongly that an employer had discontinued the fixed-term employment contract after expiration of the agreed term, because the employee had been diagnosed with metastatic breast cancer, the employer was ordered...