The bill aimed at clarifying the assessment of employment relationships and the legal presumption (in Dutch: wetsvoorstel verduidelijking beoordeling arbeidsrelaties en rechtsvermoeden (“VBAR”) is becoming more concrete. The online consultation on the bill has been completed, and the Council of State has issued a critical opinion on the bill as of 11 November 2024. The …
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Self-employed or employee? Stricter enforcement on false self-employment from 1 January 2025
As of 1 January 2025, the so-called enforcement moratorium imposed under the Dutch Deregulation of Assessment of Employment Relationships (Wet Deregulering Beoordeling Arbeidsrelaties) (DBA Act) will come to an end. This means that the Dutch Tax Authority (Belastingdienst) may impose corrections, additional levies and fines in cases of false self-employment. In addition, the Dutch government …
Interim termination clause in a settlement agreement?
The recent ruling by the Central Appeals Council provides clarity on the right to unemployment benefits in the event of premature termination of a fixed-term employment agreement, without this possibility being laid down in the employment agreement (or an addendum). According to the ruling, it is not necessary for the notice clause to have already been included in the employment agreement (or in an addendum) prior to the settlement agreement. Thus, the inclusion of a notice clause in a settlement agreement can provide a solution to secure the employee’s right to WW benefits.
Health and safety rules for working from home: what should employers consider?
Employers must ensure a safe and healthy working environment for home workers as well, according to Dutch health and safety legislation. This includes, among other things,providing ergonomic facilities and controlling the psychosocial workload. Although privacy laws make monitoring difficult, there are many different measures which employers can take.
At this point, the outline agreement does not result in any changes to the existing plans in employment law.
Will the outline agreement result in changes to the existing plans in employment law? No, for the time being it does not appear so.
Continue working after reaching the state pension age – what should you consider?
Do you want to continue working after the state pension age? More and more Dutch people are choosing this. This article discusses the rules after the state pension age, such as the Working after the state pension age Act. What does this law mean for the transition payment, chain of contracts, continued wage payment and dismissal in case of illness, notice period and social security?
