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Boontje Advocaten || Labour Law Plus


More protection for flexible employees

Categories: Employment contract, Flex

Protecting employees in the so called “platform economy” has been of current interest. Previously, the Dutch courts had to decide whether or not the contract between Deliveroo and her riders need to be qualified as employment contracts or assignment contracts. The call for better employment Read more

Author: Jolanda de Groot

Is it unlawful for a former employer to give a bad reference?

Categories: Employment contract, Privacy

The Court of Appeal in the Netherlands recently ruled on the question whether a bad reference that an employer gave about a former employee (a teacher) was unlawful. The teacher argued that he had missed out on a new job as a result. The Court Read more

Authors: Danny Vesters, Lilach Zalait

Which privacy rights does an employee have?

Categories: Privacy

Dutch Data Protection Authority [Autoriteit Persoonsgegevens] (‘Dutch DPA’) imposes fine of EUR 48,000 Earlier this month, it was announced[1] that the Dutch DPA had collected a fine of EUR 48,000 from Theodoor Gilissen Bankiers (‘TGB’). The reason for the fine was that TGB had not granted a Read more

Authors: Danny Vesters, Lilach Zalait, Suzan van der Meer

The redeployment obligation means being active!

Categories: termination

The redeployment obligation which the employer must comply with in the context of an employee’s termination is a best-effort obligation, not an obligation to achieve a certain result. But how far do the efforts need to go? How active does the employer need to be? Read more

Author: Stéphanie Spoelder

Privacy and the Works Council (Part II): What role does the Works Council play in implementation of the GDPR?

Categories: Employee participation law, Privacy

Part I of the blog about privacy and the Works Council discussed the main points of the EU’s General Data Protection Regulation (the “GDPR”). We focussed in particular on the introduction of accountability and the new obligations for organisations in the context of the new Regulation. Read more

Author: Carola Meyer-de Swaan

Privacy and the Works Council: What Works Council members need to know about the GDPR

Categories: Employee participation law, Privacy

The EU’s General Data Protection Regulation (the “GDPR”) came into force on 25 May 2018. This means that it also applies to the Dutch business community. Organisations will therefore need, as far as possible, to be “GDPR-proof” in order to avoid high fines imposed by Read more

Authors: Carola Meyer-de Swaan, Danny Vesters

Work and Security Act (“WWZ”) turned upside-down by Balanced Labour Market Act (WAB)

Categories: Employment contract, Flex, Incapacity for work, Non-competition clause, Severance payment, Terms and conditions of employment

On 10 October 2017, the VVD, CDA, D66, and ChristenUnie parties presented their Coalition Agreement, entitled “Confidence in the Future” (we refer you to the blog by our colleague Björn Schouten: http://www.boontjeadvocaten.nl/regeerakkoord-en-arbeidsrecht-vertrouwen-toekomst/). The agreement announced a large number of measures to reform the labour market with Read more

Author: Margriet van der Velden-Rijnsburger

Enforcement DBA Act postponed: what does that mean?

Categories: Uncategorized

State Secretary Wiebes informed the Lower House of the Dutch parliament on 18 November 2016 that the implementation period of the Wet deregulering beoordeling arbeidsrelaties (DBA Act; Assessment of Employment Relationships (Deregulation) Act) will be extended in any event until 1 January 2018. What will this Read more

Author: Edith Molemans