Ilse van Aert

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.

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 April 2022.

"Palthe Oberman is a boutique employment practice that attracts considerable praise for acting for employers on dismissal cases."

We are very pleased to share that not only Palthe Oberman as an office, but also Christiaan Oberman and Gieneke van Wulfften Palthe received a wonderful review in 2022 in the Employment in Netherlands section of Chambers Europe 2022.

On 18 February 2022, the Supreme Court ruled that a request for termination at the subdistrict court due to economic circumstances can be granted if the employee has become ill in the period between the request for termination at the UWV and the request for termination at the subdistrict court. The exception to the prohibition of termination due to illness also applies in this case. This is to prevent improper reporting of illness and (thus) preventing an appeal. Read more about the Supreme Court ruling in our blog.