Newsletter Vestius February 2023

The study cost clause – the first ruling

Since the Wet transparante en voorspelbare arbeidsvoorwaarden (Transparent and Predictable Employment Conditions Act) entered into force on 1 August 2022, there has been a great deal of confusion surrounding the study cost clause. The first ruling on the scope of the study cost clause was recently rendered. This article addresses that ruling, as well as the tenability of the study cost clause.

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

Whistleblowers Protection Act

Last year we already briefly addressed the bill that will change the Wet huis voor klokkenluiders (Whistleblowers Authority Act). At the end of January, the Upper House of the Dutch parliament adopted the bill, which will therefore soon be enacted. This article provides a brief overview of the main changes.

Please contact our employment law specialists if you require advice on this change in the law or need help updating your internal reporting procedure.

Contracting with public authorities on real estate since the Didam judgment

Over a year ago, the Dutch Supreme Court issued the landmark ‘Didam judgment’. In that judgment, the Supreme Court ruled that a public body must give potential bidders the opportunity to bid on the sale of real estate. According to the Didam judgment, a public body may not sell real estate at its discretion. This article reviews the case law that has been published since the Didam judgment.

Please contact Sander Pieroelie for further information on this subject.

Progress in the self-employed persons dossier

On 16 December 2022, a progress letter on the state of affairs in the self-employed persons dossier was published by the Minister of Social Affairs and Employment and the State Secretary for Tax Affairs and Tax Administration. That letter presented the measures that the government plans to take to further regulate working with and as a self-employed person. The plans includes laying down the rules from case law to clarify the classification question (is an employment contract involved?). This article details the government’s plans in the self-employed persons dossier.

Please contact Lise van den Heuvel for more information on this subject.

Wage value of a (taken) vacation day

For both employers and employees, it is common knowledge that an employee is entitled to paid vacation days annually. They are less aware, however, of the exact wage value of a vacation day. This article will take a closer look at the wage value of a (taken) vacation day.

Please contact Puck Keurentjes for more information on this subject.