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In order to keep our clients up to date, we regularly organize employment law workshops on the latest news and/or changes in the law. We do this for HR managers, personnel consultants and regular clients. We also organize these inspirational sessions on request, tailored to your individual needs, and also meet our clients at their offices for a lunch session or working breakfast, for example. These sessions will often be for smaller groups about a subject that is particularly relevant to the client. Please contact us, without obligation, to discuss the possibilities for your organization.

We also regularly publish newsletters about developments in employment law. Most of them are available on the Dutch website.

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Can an employer require from his employees to wear a face mask?29-10-2020

The Dutch government urgently advises to wear a face mask in public indoor spaces. There is no legal obligation (yet) to wear a face mask, but many employers are considering to introduce a face mask obligation into the workplace. What about from an employment law perspective?

Work instructions

Employers have the so-called right of instruction which means that they may impose rules on their employees in order to facilitate good order within the company. These work instructions or regulations must be reasonable. The mandatory wearing of a face mask at work, where  employees and/or other people move around in an indoor space, can be seen as reasonable in the current circumstances. After all, an employer must provide a safe workplace. The governmental advice underlines the reasonableness of such an instruction.

The policy to be pursued by the employer, including any sanctions that may apply if employees do not comply with the rules, must be clearly communicated to the employees in advance.

Medical objections

It may be the case that certain employees within the company cannot wear a face mask or at least not for a long time for medical reasons (such as asthma, COPD or other respiratory complaints). The employer must then take other appropriate measures in consultation with the employee concerned, possibly after advice from the company doctor.

Co-determination

The works council or (in the absence of a works council) the staff representation have a right of consent with regard to the obligation of wearing of a face mask: after all, this concerns a regulation with regard to the working conditions within the meaning of Article 27 paragraph 1 sub d of the Dutch Works Councils Act.

Costs

If the employer has instituted the obligation to wear the face mask on the work floor, it comes for the employer’s account to provide the masks and to bear the costs.

If you have questions about face masks at work, or other measures related to the consequences of Covid-19 at work, please feel free to contact Van Bladel advocaten at: 030- 220 31 11 or mail to info@vanbladeladvocaten.nl.

 

Hanneke Klinckhamers

07-07-2021Unions and employers agreement on labor market reform

On June 1st, 2021 the social partners have reached an agreement in principle on labor market reform and work regulation. The agreement is part of an advice from the Social and Economic Council (SER). The agreement is an attempt to influence the formation talks about a new Dutch government. In this blog you can read about the main points, including the limitation of flexible work by prohibiting zero-hours contracts, temporary employment contracts of a maximum of three years and the position of self-employed persons.

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07-07-2021Full transition payment for partial continuation of employment contract

In 2018, the Supreme Court ruled (in the so-called 'Kolom judgment') that an employee may be entitled to a partial transition payment in the event of partial termination of the employment contract. But what happens to the right to a transition payment if an employment contract is not officially “terminated” and the parties only implicitly make an agreement that fewer hours will be worked? This question recently has been considered by the court of Central Netherlands (judgment 30 April 2021 Central Netherlands District Court).

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29-10-2020What employers need to know about working from home

As a result of the coronavirus, a large part of the employees has been working from home for more than six months. Now that the number of infections is increasing again, it seems that this will last for a longer period. This blog covers a number of employment law aspects of long-term work from home, such as health and safety rules, the employee’s freedom of choice with regard to working from home, the monitoring of the work by the employer and the reimbursement of (additional) costs. Finally, attention is paid to the phenomenon of ‘home working arrangement’, because we notice that many employers consider to introduce such arrangement.

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06-07-2020Does the employee have a right to working from home in connection with Covid-19?

Many companies let their employees work from home as much as possible in recent weeks in connection with the corona crisis. Employees are slowly returning to the office now that the virus seems to be under control. Companies will have to ensure that work in the office can be carried out in a safe manner and must therefore take measures to prevent the spread of the virus at work as much as possible. Suppose the employee does not like to return to the office. Can he or she refuse to go back to the office, given the applicability of Dutch employment law? In a case that was brought before the Gelderland District Court, the judge ruled on June 16, 2020 that this was not allowed.

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