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The employee with several employers: Working Hours Act

A labour inspector of the Social Affairs and Employment Inspectorate (ISZW) pays you a visit. He informs you that one of your employees also works somewhere else.  As an employer you correctly apply the Working Hours Act. However, because the…

Final discharge

When an employer and an employee after mutual consultation agree on termination, and lay down such agreement in a settlement agreement, it is often also agreed that the parties will grant each other full and final discharge. The following is…

Reflection principle

If jobs are made redundant within an organisation, it will need to be determined as to which employees will be proposed for dismissal. The employer cannot freely determine which employee will be proposed for dismissal. As a general rule, the…

Summary dismissal

A summary dismissal is a dismissal for urgent cause. The reason for the dismissal must be so serious that an employer cannot be required to continue the employment agreement. A summary dismissal must be given almost immediately after the employer…

Social Plan

A Social Plan is a collective scheme that describes which provisions have been made for the employees. A Social Plan can be adopted unilaterally by the employer, in consultation with the works council, or be agreed upon with the trade…

Staff meeting

In case a company has not set up a works council or an employee representative body, the entrepreneur is required is to enable the employee to exercise his (limited) participation rights in the staff meeting.  

Employee representative body

The employee representative body is a participation body in smaller firms. The entrepreneur is obliged to set up an employee representative body if the company employs at least 10, but less than 50 persons. Part of the rights that accrue…

Subdistrict judge

In employment law, it generally is the subdistrict court judge who will deal with the matter in the first instance. It is not mandatory to be represented by a lawyer. It is, however, recommended most of the time.  

Settlement agreement

If the parties have mutually agreed to terminate the employment agreement, the agreements in this respect are often laid down in a settlement agreement. A settlement agreement can be concluded both in case of individual grounds for dismissal (such as…

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