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Lower House approves bill on Older Employees Income Scheme
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Recently, the Dutch Lower House approved the bill on the Older Employees Income Scheme (IOW).
By virtue of this bill, employees who have become redundant or are set to be made redundant between 30 September 2006 and 1 July 2011 and are 60 years or older at that time may be eligible for a special benefit following the benefit payable under the Unemployment Benefit Act.
Unemployment-benefit payments must have been payable for three months or over.
The IOW is a temporary scheme, due for review in 2010.
Read on »
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Supreme Court rules on requirement for competition clause |
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Under Section 7:653(1) of the Dutch Civil Code, a competition clause restricting an employee in carrying out specific activities after the end of his employment must be agreed in writing.
This requirement is a special safeguard that is evidence that the employee knows what the competition clause means.
Supreme Court precedents show this, as is the case with the opinion it handed down on 28 March 2008, specifying the requirement.
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Bill on modification of directors’ position under employment law introduced |
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Government Minister of Justice Mr Hirsch Ballin presented a draft bill for consultation via the Internet.
The draft offers companies (BVs and NVs) the option to choose between the present (two-tier) system of an executive board and a non-executive board, and a new system combining both (the one-tier system).
A proposal to modify the legal position of company directors forms part of this draft bill.
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Making contracts with a management BV: beware! |
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Management contracts are often made with the management BV (service company) of a private individual to prevent that a contract is qualified as an employment contract. After all, an employment contract can be made only with a private individual.
A recent Supreme Court ruling shows that a court may still see through this trick and rule that an employment contract with the private individual was constituted.
Read on »
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Want to keep abreast of things? |
We like to keep our clients updated on developments in all fields of law and the sectors that our firm covers.
That is why, besides this special employment law issue, we also publish a general digital newsletter each two months.
The latter includes contributions from most of our practice and market groups.
» Read our general newsletter
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For more information, please contact nieuwsbrief_arbeidsrecht@van-doorne.com
Van Doorne N.V., Jachthavenweg 121, 1081 KM Amsterdam
P.O. Box 75265, 1070 AG Amsterdam, The Netherlands, T: +31 (0)20 6789 123, F: +31 (0)20 6789 589.
Although this newsletter was prepared with the
utmost care, it is only intended to highlight
legal issues in general and does not provide
for specific legal advice applicable to a
specific situation. Van Doorne does not accept
liability for any actions (or lack thereof)
taken as a result of relying on or in any way
using information contained in this newsletter
and in no event shall Van Doorne be liable for
any damages resulting from reliance on or use
of this information. Readers should always take
specific advice from a qualified professional
if and when dealing with specific situations.
   
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