Labour law

Employer and employee

Employment law is dynamic and constantly evolving. We possess specialised knowledge and experience in both individual and collective employment law.

Labour Law Solicitor in Haarlem & Utrecht

The human aspect makes every situation in labour law unique. Conflicts in the workplace can lead to the termination of the employment relationship, with the associated financial and emotional repercussions. Prompt and targeted action is often key. For instance, consider the instant dismissal of an employee. This is a delicate issue, with strict requirements.

With the introduction of the ‘Wet arbeidsmarkt in balans’ (Balanced Labour Market Act), many changes have occurred. This includes the chain of fixed-term contracts regulation, severance pay, zero-hours contract, new grounds for dismissal, and payrolling. 

Chain of fixed-term contracts regulation

From 1 January 2020, the chain of fixed-term contracts regulation has changed. From this date, consecutive temporary employment contracts may not last longer than 36 months (three years). If the combined duration of the temporary contracts exceeds 36 months, a permanent contract arises (on the day the 36 months is exceeded). If there is a break of more than six months between two temporary contracts, the chain starts over.

Severance Pay

The calculation for the severance you must pay if you decide to end or not continue the employment changed from 1 January 2020. The severance is due from the first day of the employment. Moreover, the compensation is always 1/3 of the monthly salary per year of service, proportionally for a partial year.

From 1 January 2020, the severance pay is calculated as follows:

  1. Multiply the number of full years of service by 1/3 of the gross monthly salary.
  2. For the remaining full months of the employment, divide the total wages earned in these months by the monthly wage, then multiply by ⅓ of the gross monthly salary and divide by 12.
  3. If a few days have been worked, consider the total salary earned in those days. In this case, that’s also the ‘monthly salary’. Divide the earned wages by the ‘monthly wage’ (the same amount), and then multiply by 1/3 of the earned salary and divide by 12.

Sum these three amounts to determine the severance pay.

Zero-hours contract

The rules for zero-hours contracts changed from 1 January 2020. The most significant change is the legal definition of ‘zero-hours contract’. It’s essential to understand that even if the term ‘zero-hours contract’ isn’t in the employment contract, it might still be a casual contract under the new rules.

If the answer to any of the following questions is “yes”, then it’s a zero-hours contract unless compensated standby or on-call duties are being performed in healthcare:

  • Is the scope of work for a period (up to a month) partly flexible?
  • Is there an agreement for fixed annual hours, but not fixed pay per period?
  • Has the obligation for continued wage payment been excluded?

Zero-hour and min-max contracts generally fall under the new definition of “casual contract”.

From 1 January 2020, employers are required to offer an on-call worker who has been working for a year an employment contract based on the average number of hours worked per month in the preceding 12 months. 

  • This offer must be in writing or electronically. 
  • As long as the employer doesn’t make this offer, the on-call worker is entitled to wages over the average number of hours worked per month in the previous year. 
  • This regulation is effective immediately. This means employers with on-call workers already employed before 1 January 2020 must also make an offer if they have been working as an on-call worker for a year or longer by 1 January 2020. This offer must be made before 1 February 2020. 

Of course, the on-call worker can reject the offer if they prefer to continue working on a casual basis.

New Ground for Dismissal

From 1 January 2020 on, there’s a ninth ground for dismissal: the cumulative ground.

The cumulative ground allows you to combine parts of other dismissal reasons (except economic reasons, prolonged illness, and/or conscientious objections) and use them as a collective reason. Note that if the judge terminates the employment contract based on the cumulative ground, they might award a higher severance pay, up to a maximum of one and a half times the regular severance. 

Payrolling

From 1 January 2020, payroll employees receive the same (primary and secondary) employment conditions as the employees directly employed by you. This includes any applicable collective agreements and your employment terms and conditions.

Termination by Mutual Consent

Employees and employers can mutually agree to terminate the employment contract. We calculate the potential severance pay and pay close attention to the (tax) implications of the termination. We document the mutual agreements in a settlement agreement (VSO).

Assess Your Chances in a Dismissal Procedure

If the employee doesn’t cooperate with their dismissal, a procedure (with the UWV or the court) must be followed. There are nine grounds for dismissal in the law. Each ground has different criteria. Your request for dismissal can only be granted if all criteria for the dismissal grounds you present in a procedure are met. It’s wise to understand your chances in a procedure. If the employment contract is terminated by the court or with the approval of the UWV, the employee is entitled to severance pay, unless there’s gross misconduct.

Check Your Risks for Additional Severance Payments

Determine the risk of being ordered to pay an additional fair compensation to the employee during a procedure.

Assess Your Negotiation Position

Based on these assessments, you can determine your negotiation position. The chances of success in a procedure are essential, as are financial considerations. Swiftly ending employment can save hassle and costs, like salary expenses, legal fees, etc.

Entrepreneurs and individuals can seek our advice, and we can also assist in legal procedures or initiate them. We are up-to-date with the latest laws and regulations and are eager to advise on them. If needed, we’re ready to litigate in court for you. 

Employment Law Solicitor in Haarlem & Utrecht

Contact us for reliable advice on employment law issues. Our lawyers are expertly trained and have broad experience in this field. We strive to provide the best solutions for our clients, ensuring they understand their rights and obligations. Whether it’s advice, litigation, or negotiation, we’re here to help. Book an appointment with our solicitors in Haarlem or Utrecht today.

Heeft u een juridisch probleem?

Neem gerust vrijblijvend contact met ons op. Onze advocaten staan u graag te woord.

Heeft u een juridisch probleem?

Wij helpen u graag verder. Vul gerust onderstaan formulier in en wij bellen u z.s.m. terug. 

HAUT Legal & Tax Advocaten
HAUT Legal & Tax Advocaten