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The competition clause on the rocks?

In February 2022, the Minister of Social Affairs and Employment sent a letter to the House of Representatives with “policy options” for the revision of the non-competition clause. The letter follows an investigation into the operation of the non-compete agreement. Participants in that study included employers, employees, labor lawyers and experts from employer organizations and […]

The implications of the Didam ruling for ongoing contracts.

1. Introduction On Nov. 26, 2021, the Supreme Court r uled on the bondage of a public body in the sale of real estate[1] to general principles of proper administration, particularly the principle of equality. Underlying the ruling is the premise that government land must consider, when intending to sell land, whether there could be […]

“I resign”: don’t rely on it too quickly!

When an employee resigns in an emotional mood, such as in a conflict meeting, an employer should not be too quick to rely on it. This is evident from a Sept. 9, 2021 ruling by the subdistrict court judge of Gelderland District Court (ECLI:NL:RBGEL:2021:5488). A physician assistant resigned in an emotional mood because she felt […]

Key employment law changes in 2022

In this document, we have listed the main employment law changes for the coming year. Should you have any questions on what this means for your organisation, the Employment Law Practice Group is happy to answer them.

Unforeseen circumstances: war in Ukraine and Covid-19

Extraordinary times, require extraordinary measures. Many parties are facing high cost increases because of the war in Ukraine, as well as the corona pandemic. However, what if prices are contractually fixed? What if indexation does not provide sufficient coverage? On 16 December 2022, the North Holland court ordered that demonstrably excessive costs due to the […]