Building a Cost-Effective Global Patent Portfolio Using the Netherlands
JONES DAY TALKS®: Private Antitrust Litigation in the Netherlands
In corporate transactions involving Dutch entities—whether it’s a merger, acquisition, carve-out, or internal restructuring—the focus is often on deal mechanics, tax optimization, and regulatory clearance. But one area...more
In our continuous effort to keep you informed on legislative developments, we wish to highlight the current consultation phase for upcoming legislation. This phase is an important step in the legislative process, allowing...more
An employer in the Netherlands has to inform an employee in writing or electronically of the key terms of employment, including any bonus plan, within one month of starting work. This obligation to provide information ensues...more
As we enter 2025, updates to labor law bring important changes that companies must address to ensure compliance and optimize their operations. Below is a practical guide to help organizations understand and implement these...more
When it comes to enforceability of a non-compete clause, the prospect of a raise for the employee can in some instances be an argument in favour of the employer....more
Dutch law prohibits employers from paying full-time employees differently—i.e., more favorably—than part-time employees, unless the difference in pay can be objectively justified. This is not readily the case, however....more
Many employers in the Netherlands will recognize this scenario: an employee has been ill for some time and, on the advice of the occupational physician or occupational health and safety service, carefully begins to return to...more
For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more
In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause. After the employee had terminated his employment contract, the...more
In a recent letter to the Netherlands’ House of Representatives, Minister Van Gennip announced a proposed reform of non-compete clauses, including non-solicitation clauses. It is clear through these propsed amendments that...more
In the Netherlands, a pregnant employee was told that her fixed-term employment contract would not be renewed. A day after the notice, her manager informed her by WhatsApp that the reason was that she was absent a lot and she...more
On March 17, 2023, the Dutch Supreme Court definitively resolved the question of whether an employment contract between a secondment agency and a secondment worker may end with immediate effect under the “secondment...more
On 20 September, the Dutch Government presented their key plans and the distribution of the national budget for the coming year. This blog provides an overview of how a selection of these plans may affect employers and...more
This update provides an overview of the latest important developments in Dutch Employment legislation and case law. On 5 July 2022, the Dutch House of Representatives adopted the legislative proposal for the Work Where You...more
In a recent case, an employer petitioned the Sub-District Court to dissolve an employment contract with immediate effect after the UWV (Employee Insurance Agency) had dismissed its application for dismissal for economic...more
Employers in the Netherlands are sometimes keen to include a reservation when they form an employment contract. A reservation can be formulated as a condition precedent or a resolutive condition. Both types of conditions...more
In the Netherlands, the end of a fixed-term employment contract is usually linked to a calendar date. Another possibility is for its duration to be linked to a particular piece of work or a project, provided that it is...more
In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection...more
The Dutch Court of Appeal recently addressed damages owed in a dismissal action where both the employer and employee acted with serious culpability. The question for the court was who was to blame for the termination of the...more
Apart from summary dismissal situations, employers in the Netherlands can terminate an employment contract only if (i) they have reasonable grounds for doing so, and (ii) reassigning the employee within a reasonable timeframe...more
A recurring discussion whenever there is a proposal to dismiss a managing director is whether they actually are a managing director under the articles of association (statutair bestuurder). This is an important question...more
On October 19, 2020, the Arnhem-Leeuwarden Court of Appeal ruled on whether an employer had met its duty of notification and whether it owed compensation in lieu of notifying the employee about his contract extension. Under...more
The Central Netherlands District Court recently held that failure to turn up at work and to contact an employer about the absence justifies summary dismissal....more
A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance. In a recent case, the District Court of Midden-Nederland...more
Using fixed-term employment contracts has become more expensive for employers as a result of new regulations introduced in the Netherlands on January 1, 2020....more