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Can an employer still owe a transition payment after a justified instant dismissal? The law states that a transition payment is not owed if the employee acted seriously culpable. Instant dismissal requires an urgent cause, but it is imaginable that the employee cannot be blamed for that cause in every case.

Palthe Oberman is pleased to present you with the most recent Employment Law Tracker consisting of employment law updates of all firms connected to the L&E Global Network for November 2018.

The current Minister for Social Affairs and Employment introduced the Labour Market in Balance Act. The government has the intention for this Act to enter into effect on 1 January 2020. We have listed the 10 most important proposals of the Labour Market in Balance Act for you.

In a recent case, the subdistrict court decided that the liquidation proceedings were initiated with a view to the relaunch of the insolvent undertaking and were not (solely) aimed at liquidation of the assets. In this way, the protection rules for employees in the event of transfers of undertakings continue to be effective. 

The attachment for the purpose of preserving evidence (hereinafter: “attachment of evidence”) is one of the instruments a lawyer can use to collect evidence and to establish the truth. Digitalisation and cloud computing have only increased the importance of attachment of evidence. The attachment of evidence can be employed in general practice as well as in litigation practice. This article focuses on labour law practice.

As lawyers we have always learned that an employment agreement is an indivisible whole. In actual practice, however, partial termination of the employment agreement does occur. It has long been debated whether a transition payment (partial or otherwise) is due in the event of partial termination.

 On 25 September 2018, our partners Christiaan Oberman and Karol Hillebrandt provided a masterclass on employment law at the congress to celebrate the 100th year anniversary of the Journal of the Dutch Bar Association.