Key ELL issues WWZ: the 3rd part of the new Act (dealing with employment contracts, termination and severance, and unemployment benefits) has come into force per January 1, 2016. This part mainly provides for limitation of accrual of unemployment benefits and for a gradual limitation of the benefit period. WWZ: case law shows a tendency that Courts adhere strictly to the new rules of law. Performance related cases appear to be more difficult for employers to guide through the Court. On the other hand the Courts seem reluctant in most cases to award a severance in addition to the ‘Transitievergoeding’. Wet Arbeid Schijnconstructies (measures against sham employment arrangements). The 2nd part of this Act has come into force per January 1, 2016. It introduces obligations for employers to avoid displacement of workers coming from abroad (a clear payslip, payment through the bank, at least minimum wage). Wet Deregulering Beoordeling Arbeidrelaties: for independent contractors (‘zzp-er’ in Dutch) and those hiring them new tax rules are imminent per 1 May 2016. The VAR-statement will be replaced by model contracts issued by the tax authorities. This changes the risk assessment of hiring an independent contractor to some extent.
General HR newsAn increase in 2015 of 11% in mergers and acquisitions reported to the SER, an advisory body to the government with responsibilities under the Merger Code. See: www.ser.nl There is a growing demand for certain professionals such as e.g. in compliance. See: https://www.robertwalters.nl/content/dam/robert-walters/country/the-netherlands/files/salary-survey/NL-2016-Salary-Survey.pdf The market of temp agencies has significantly grown in the past few months. See: www.abu.nl
Legislation See above regarding WWZ and WAS. Wet Flexibel Werken (Act on flexible working): as per January 1, 2016 this act has come into force. It creates more flexibility for employees having bene employed for at least 6 months to vary on number of hours of work, work place and working hour schedule. The employer should have serious business reasons to deny such a request by an employee such as serious problems regarding e.g. safety, shift schedules or lack of available work. WNT: further limitation on maximum salary and benefits in the (scientific) education sector. Introduction of the WNT 2 also in sectors care and housing. Further rules will follow particularly creating restrictions on salary and benefits of temporary hires. 
Bi-monthly report of what’s going on - January 2016
EU mattersECJ Court 18 June 2015 C586/13: this is an interesting case because it touches on one of the key subjects in most of the EU jurisdictions being the difference between supplying a service or supplying people. Supplying a service leaves the issue of salary, applicability of national rules (in cross-border situations) and e.g. collective bargaining agreements aside. This similar to what is mentioned on this page regarding hiring independent contractors. The ECJ gives clues on how to decide in the level of autonomy of the service provider on numbers of staff and whether it delivers a result or not.  The ECHR has ruled that under the given circumstances a breach of privacy at the work place was acceptable. It related to use by an employee of internet facilities at the work place which had been forbidden by the employer. Monitoring of the account showed a breach of that rule. The ECHR ruled that the breach of privacy had been acceptable for the given reason and in the way it was handled. See: www.echr.coe.int
Join our network at LinkedIn
Recent case law District Court Amsterdam 15 October 2015: a local US company is required to change its (less favourable) bonus plan in line with changed group policy. The works council denies its consent and the company requests following 27 WCA the Court permission to implement the new bonus plan. The Court denies this request given the unfavourable consequences. The required alignment with group policy is considered but not decisive. NB: this is in line with the rule that a local business has its own responsibility also within a group perspective. Quite often this perspective is lost in the process of changes in group situations. Many examples are available in the scope of advice procedures ex 25 WCA as well. Summary proceeding District Court Utrecht 28 October 2015: a Tupe situation in which ‘old’ employer and employee conclude a settlement agreement and employee with the new employer a limited term contract. Employee claims a Tupe one year after which is honoured because the Court concludes that the employee had not been properly informed about his legal position and consequences of what had been agreed. NB: since a High Court decision of 26 June 2009 (Bos/Pax) employers should in detail inform the employee within a Tupe situation about what happens in either pursuing the Tupe or agreeing otherwise.
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Sophialaan 19, 1010AA Amsterdam, The Netherlands - Cookie policy - Legal Disclaimer
Bi-monthly report of what’s going on  -  January 2016
General HR NewsAn increase in 2015 of 11% in mergers and acquisitions reported to the SER, an advisory body to the government with responsibilities under the Merger Code. See: www.ser.nl There is a growing demand for certain professionals such as e.g. in compliance. See: https://www.robertwalters.nl/content/dam/robert-walters/country/the-netherlands/files/salary-survey/NL-2016-Salary-Survey.pdf The market of temp agencies has significantly grown in the past few months. See: www.abu.nl
Join our network at LinkedIn
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Sophialaan 19, 1010AA Amsterdam,  The Netherlands - Cookie policy - Legal Disclaimer
Bi-monthly report of what’s going on   January 2016
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten  tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals -  Marc Vogel - tel.+31 20 3052042 - Sophialaan 19,  1010AA Amsterdam, The Netherlands -  Cookie policy - Legal Disclaimer
EU mattersECJ Court 18 June 2015 C586/13: this is an interesting case because it touches on one of the key subjects in most of the EU jurisdictions being the difference between supplying a service or supplying people. Supplying a service leaves the issue of salary, applicability of national rules (in cross-border situations) and e.g. collective bargaining agreements aside. This similar to what is mentioned on this page regarding hiring independent contractors. The ECJ gives clues on how to decide in the level of autonomy of the service provider on numbers of staff and whether it delivers a result or not.  The ECHR has ruled that under the given circumstances a breach of privacy at the work place was acceptable. It related to use by an employee of internet facilities at the work place which had been forbidden by the employer. Monitoring of the account showed a breach of that rule. The ECHR ruled that the breach of privacy had been acceptable for the given reason and in the way it was handled. (see: www.echr.coe.int)
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Sophialaan 19,  1010AA Amsterdam, The Netherlands -  Cookie policy - Legal Disclaimer
Bi-monthly report of what’s going on   January 2016
Legal DisclaimerThe information on this website is for general information purposes only. No lawyer-client, solicitor-client or attorney-client relationship shall be created through the use of our website. Given the changeable nature of laws, rules, regulations and information in general, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this site. Accordingly, the information on this website should not be used as a substitute for consultation with professional advisers. We recommend consulting a professional before making any decision or taking any action. While we have exercised great care in the compilation and maintenance of the information provided on this site, we cannot guarantee the completeness, timeliness and/or accuracy of the information. Accordingly, we accept no liability for direct or consequential damage resulting from the use of, reliance on or action taken on the basis of information provided on this website, unless it is a matter of intention or deliberate recklessness on our part.All information on this site is provided ‘as is’, without us giving a warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Certain links in this site connect to other websites maintained by third parties. We do not control, make or maintain these websites. Accordingly, we accept no liability whatsoever for direct or consequential damage resulting from (the use of) the content of websites to which links are included on this site. This website and its content are governed by Dutch law on ownership and proprietary right. Nothing from this site or from its content may be reproduced, stored in an electronic data base or made public in any way, either electronically, mechanically, by photocopying, scanning or in any other way without our prior approval, other than for private and non-commercial use. The Office is a website in all of its aspects owned by 'Praktijkgenootschap mr M.P. Vogel', a limited liability company under the rules of Dutch law, with its office in Amsterdam (trade register number 32141751).
Cooky PolicyThe Office does not automatically collect data about visitors to our website by using cookies. This site is made in Hype, a combination of HTML5 and Javascript. Hype does not create or access any cookies. The technique for allowing navigation from scene to page does not store information on a computer nor send any information to a server (it uses Javascript variables that are destroyed when the page is closed). This website contains links to other websites, but this Cookie Policy applies only for this website operated by The Office.  We are not responsible for the privacy and cookie practices of other sites by using the links. We encourage our visitors to be aware when they leave our website, and to read the privacy and cookie policy of other sites that collect or use personal data. We only collect your personal data if you chose to give it to us by mail, letter, businesscard, social media or other means. Your personal data is used by us to provide you with the services you or your organisation requires, or to inform you about other The Office products and services that may be of interest to you. If at any time you do not wish to receive such information, please contact us so that we can amend our records accordingly. If you are aware of any inaccuracies in your personal data, please do let us know. The Office never releases your personal details to any organisation outside The Office for mailing or marketing purposes. We may pass your personal data to anyone who needs the data in order to fulfil your request(s) for our services, or to process any payment. We will not disclose your personal information unless we are obliged to do so or allowed to do so, by law, or where we need to do so in order to run our business (for instance when we outsource services or when other people process data for us). We are committed to ensure that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place physical, electronic and managerial procedures to safeguard and secure the information.
Ah, that’s only temporary
A lot of temps are hired again ..
TEMPS