On March 15, 2022, the Court of Appeal determined that an employer’s failure to meet the reassignment obligation (in Dutch: herplaatsingsplicht) can’t be remedied in the proceedings for termination before the subdistrict court. The employer must therefore have already complied with the reassignment requirement before the subdistrict court decides on the request for termination. If not, the request for termination must be rejected. Read more about this judgment in our blog.
Under certain circumstances, an employer may have an interest in changing an employee’s employment conditions. In principle, a change in the employment conditions requires that the parties reach an agreement. If the parties can’t reach an agreement, an employer has several possibilities to change the employment conditions unilaterally. Read in this blog more about changing the employment conditions unilaterally.