2024 Employment law cassation chronicle

In 2024, the Supreme Court rendered several judgments on matters of employment law. Employment and cassation lawyer Naomi Dempsey discusses the most interesting judgments in her 2024 employment law cassation chronicle (cassatiekroniek arbeidsrecht 2024).

• The 'clear and unambiguous criterion' applicable to termination by the employee does not apply to termination by the employer.
• The reference date in the assessment of whether the employer has a legitimate interest in maintaining the employment agreement is the date on which the employee made a termination proposal that includes a transition payment. Only then is the employer required to cooperate in the termination including a transition payment, based on good employment practices.
• It is up to the employer to prove that they have fulfilled their information obligation. In the event of disagreement on the interpretation of terms of employment, the right interpretation must be determined using the Haviltex standard, with a breach of the information obligation being one of the circumstances that can be considered in the interpretation.
• Mandatory start-up time must be considered working time and employees are entitled to wages for that time.
• Holiday pay comprises certain elements specified by the Supreme Court.
• Temporary workers are entitled to the same bonuses as the host employer's employees.
• Overtime pay must also be paid during holiday taken, provided the overtime is part of the employee's ordinary duties and constitutes a significant share of their wages.
• The obligation to complain under Article 6:89 of the Dutch Civil Code applies to all commitments, including those laid down in an employment agreement.
• The dynamic nature of an incorporation clause is a right as referred to in Article 7:663 of the Dutch Civil Code. Under that clause, in the event of a transfer of undertaking, employees retain their right to future amendments or improvements ensuing from collective labour agreements (CLAs) to be newly concluded.
• Trade unions representing a large number of employees are entitled to be admitted to CLA negotiations.

The chronicle is a valuable source of knowledge and insights for all employment law professionals in Supreme Court litigation and beyond.

Read the article here (in Dutch).