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Transfer of ownership and rights under collective bargaining agreements
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When a business changes hands, all rights and obligations associated with
employment agreements go with it. The question is what is the situation
with collective bargaining agreements (CAOs) that, following the transfer
of business ownership, are declared to apply retroactively to a period
before the business changed hands?
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Absence of mutual contractual agreement
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When an employee and an employer terminate an employment contract by mutual consent
by means of a settlement agreement the employee may subsequently claim that the
agreement involved vitiated consent. The subdistrict court in Enschede recently
delivered a ruling in such a case.
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Final discharge, final acquittal?
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Any unclarity concerning the content and purpose of agreements written into a settlement
agreement is commonly deemed to be at the risk and expense of the employer. Does this
also apply when employer and employee have ‘forgotten’ to include a provision covering
a specific item?
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Is an employee allowed to drink from two wells?
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Enschede’s subdistrict court recently ruled that an employee’s wages should be reduced as he
had been paid by a new employer during a period when he had been relieved of work.
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(Extralegal) consent in introduction of dress codes?
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NS-Reizigers (NSR), a division of Dutch railways, had new company clothing in mind for staff in its
Service & Safety department. NSR opted for a range of uniforms with a view to ensure the recognition
of staff having different responsibilities. This was as much to make it clear for the public, as
it was for personnel, the particular function in which an employee was engaged. Some personnel
were in direct contact with customers while others, for instance, were special investigators whose
work might involve them in violent situations. NSR wanted to indicate these differences via
company clothing rather than through different forms of headgear (e.g. a hat for men and a
small cap for women).
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Disclaimer
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While considerable care has been taken in compiling the content of this newsletter,
AKD is not liable for any consequences resulting from any incompleteness
or inaccuracies.
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