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RECENT CASE LAW (labour courts): A clause to grant variable pay in violation of the Flemish Language Decree (drawn up in another language than Dutch) does not entitle the employee to only invoke the provisions that are beneficial to them and to hold the other provisions as non-written. The employee must choose between nullity or the application of the clause in its entirety. ■
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RECENT CASE LAW (labour courts): An employer determines a notice period and unilaterally relieves the employee of any obligation to work during the notice period. The employee hands in their badge and stays at home. Not until more than 1 month later does the employee invoke implicit dismissal and claim a severance payment for the remaining notice period. The labour court concluded that not providing work is an amendment of an essential element rather than the non-performance of a contractual obligation. This makes it easier for the employee's claim to succeed because they no longer have to demonstrate the employer's intention to apply immediate termination. The labour court also ruled that waiting more than 1 month before invoking a breach of contract is not late. The employee was therefore granted the severance payment. ■