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Delen
This book (published May 2019) explains which clauses employers can insert in the employment contract to deter employees from joining competitors, poaching former colleagues, soliciting or dealing with customers or divulging business secrets. It also elaborates on whether a clause which violates the eligibility requirements is void if the employee invokes invalidity, or whether it is up to the court to moderate the clause in that case in order to make the clause valid. The book also gives an overview of the remedies employers have if they have reason to believe that an employee has breached the restrictive covenant (injunction and financial remedy or damages). ■
Delen
Innovative companies require alternatives to the traditional employment relationship. We will shed our professional light on the employment law challenges of the gig economy including: (i) How to enable a successful development of the various platforms while, at the same time, ensuring protection of the platform-worker; (ii) Various legal forms of engaging platform-workers, including the consequences from an employment law and social security perspective.This webinar will be presented in English.To register: https://www.littler.com/events/gig-economy-lowlands-how-view-industry-belgium-and-netherlands
Delen
The Law on the continuity of undertakings (LCU) sets out the rules on judicial reorganisation by transfer under judicial supervision (with a view to maintaining all or part of the transferor or its activities and avoiding bankruptcy). The LCU allows the transferee to choose the employees it wishes to keep on. In its decision of 16 May 2019, the Court of Justice of the European Union says that the LCU entitling the transferee to choose the employees which it wishes to keep on, violates Council Directive 2001/23/EC of 12 March 2001 on TUPE. Link to decision: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62017CJ0509&from=NL
Delen
Today (14 May 2019), the European Court of Justice decided that Directive 2003/88/EC, the Charter of Fundamental Rights of the European Union and Council Directive 89/391/EEC, must be interpreted as precluding a law of a Member State that, according to the interpretation given to it in national case-law, does not require employers to set up a system enabling the duration of time worked each day by each worker to be measured. Full text of the decision: http://curia.europa.eu/juris/document/document.jsf;jsessionid=2BB3C180F63BED65222382F8337641BA?text=&docid=214043&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=7780555