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Boontje Advocaten || Labour Law Plus


New package of financial aid measures

Categories: NOW

Earlier today, the Dutch government announced the main features of the new package of the financial aid measures regarding to the consequences of the outbreak of Covid-19. The details of these schemes will be announced at a later date. In this memorandum we highlight the Read more

Author: Yillis Smit

Employers beware: take action so that the statutory holidays will lapse!

Categories: Statutory holidays

In a previous blog, we pointed out that in principle an employer cannot oblige an employee to take days as holiday. The strict (and compulsorily applicable) holiday legislation prevents this. However, this does not mean that an employer is completely powerless. If the employer acts Read more

Author: Yillis Smit

Temporary Emergency Bridging Measure for the Preservation of Work (‘’NOW’’) published

Categories: NOW

During a press conference at 10:00 am today, Minister Koolmees announced details of the Temporary Emergency Bridging Measure for the Preservation of Work (‘NOW’). The scheme was published simultaneously. In this memo we discuss the main features of the NOW scheme. Loss of turnover Under Read more

Author: Joris de With

Temporary Emergency Measure for the Preservation of Work (‘’NOW’’) and Unemployment Insurance Act premium differentiation

Categories: NOW

Yesterday evening, March 17, the Dutch government announced a package of exceptional economic measures  in view of the coronavirus. These measures include: the immediate repeal of the short-time working scheme; the simultaneous introduction of the new ‘Tijdelijke noodmaatregel overbrugging voor werkbehoud’ (in English: Temporary Emergency Read more

Authors: Björn Schouten, Yillis Smit

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