The Netherlands: last week, the government may have been finally composed and it has already tackled employment law with changes on:
- the dismissal right –> dismissal grounds increased, as well as the compensation + transition fees to start from the first year and amounting to a third of the salary
- flexibility –> the 6 months between fixed-contracts will be flexibilized + their maximum duration (prior permanent) will be 3 years (instead of 2) + maximum probation period (for permanent contracts, up to 5 months) + easier conditions for 0-hours contracts
- the sick employee;
- the self-employed (zzp’er).
Another Source here.
A trend that started in California and is now spreading across the US.
This article runs a comparison and triggers thoughts on the difference between how this and further states enacted such laws.
US: in Employment Law, we can clearly see these 3 trends:
- schedules may need to be posted well in advance, at least according to the laws adopted in several states and cities,
- employers will be banned from asking criminal records to a candidate, and
- employers may be soon banned to ask for salary history (mainly to not prejudicate women).
Albeit I’m no employment law expert, I’m heating up the popcorns to watch the legal dispute of the year: Uber vs English Law.
On one side, UK Law clearly tells freelancers from workers in terms of guarantees, rights and duties, while, on the other, Uber cherry-picks features of both figures to mix them in its own cocktail of a kind.
“All the chickens come home to roost”.
For the records, by means of an appeal, Uber can still extend its licence by some months.
France: important updates on the redundancy process.
- the redundancy test will be limited to France only (not worldwide anymore, safe cases of artificiality of financial difficulties),
- “business sector” is re(de)fined,
- the duty to re-deploy a resource somewhere else is now a mere duty to request consent to proceed so, and
- deadline for an employee to complain has been halved from 2 years to 12 months
Among the main changes
France: termination of employment by agreement can now also be collective, but only upon volunteering basis and by complying to certain requirements.
For years, calling out sick was a good method to impede an employer to fire an employee, but things have changed now.
It is quite common on the Dutch Labour market to employ contractors, let alone sub-contractors contracted through several layers of contractors. Who holds liability?
The Hoge Raad established that all contractors are held liable for the damages caused by their sub’s.