Newsletter Vestius August 2023

The future plans for the non-compete clause

A non-compete clause prohibits an employee from joining a competitor or performing similar work after the end of the employment contract. The government has announced plans to change the rules around the non-compete clause. The proposed plans are addressed in this article.

Please contact Bart de Vroe for more information on this subject.

The transition payment: which components should be included in the calculation?

The transition payment has been around for more than eight years now. Roughly speaking, it amounts to one-third of a month’s salary per year of service. But which amounts on the payslip should or should not be included in the calculation? That is explained in this article.

Please contact Lise van den Heuvel if you have any questions about this article.

Ancillary activities alongside public duties are easy to prohibit

The Wet transparante en voorspelbare arbeidsvoorwaarden (Transparent and Predictable Employment Conditions Act), which has impacted, among other things, the ancillary activities clause, has now been in force for a year. Since its entry into force, an employer may prohibit ancillary activities only if it has an objective justification for doing so. The Haarlem subdistrict court recently issued a ruling in which ancillary activities and public duties played a role. That ruling is addressed in this article.

Please contact Michiel van Haelst for more information on this subject.

The (earlier) commencement of the probationary period

At the start of an employment contract, the parties may opt to agree on a probationary period of one or two months, depending on the duration of the employment contract. If an employer then terminates the contract during the probationary period, discussions sometimes arise in practice as to whether the dismissal was valid. It regularly happens that a probationary period (accidentally) commenced earlier and the dismissal during the probationary period takes place too late – and is therefore not legally valid. It is explained in this article when a probationary period commences earlier and how a court assesses this.

Please contact Puck Keurentjes for more information on this subject.

Will smart contracts replace traditional agreements?

The news has been dominated in recent years by developments in the field of artificial intelligence and block chain technology. We seem to be at the beginning of a new digital revolution that will affect different sectors. This contribution looks at whether smart contracts will replace current traditional agreements. And legal aspects when using programs like ChatGPT.

For questions about this subject, please contact Sander Pieroelie.