Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Appeal Court: Equity Partner of Big Accounting Firm Not an Employee

Precedential Decision by Judiciary or Regulatory Agency

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

On March 29, 2022, the Appeal Court of The Hague ruled that an equity partner of a big accounting firm does not qualify as employee. The qualification of the agreement between the firm and the partner became an issue when the firm terminated this agreement. The partner was of the opinion that this termination was unlawful, since the requirements for terminating an employment agreement were not met. However, the court refused to annul the termination of the agreement, because of substantial differences between the position of the partner and the position of employees, like the voting rights of the partner as shareholder, the compensation of the partner and the possibility to refuse clients.

Bill Proposes a Statutory Obligation to Install a Trustee

Proposed Bill or Initiative

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

On January 26, 2022, a bill was submitted to the House of Representatives proposing to implement a statutory obligation for companies to install a trustee. The obligation should be included in the Working Conditions Act, will apply to all companies, irrespective of the number of employees and provides the trustee with protection against retaliation. Misconduct in the workplace and the importance of easily accessible procedures to raise concerns or complaints has great societal interest at the moment. However, it is expected that the House will be critical because they do not want the bill to cause increasing burdens on employers.

Social Economic Council Published Advice on Statutorily Regulating Hybrid Working

Proposed Bill or Initiative

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

On March 31, 2022, the Dutch Social Economic Council published guidance on hybrid working, which was requested by the Minister of Employment and Social Affairs. The council, consisting of both employee and employer representatives, advises to statutorily regulate that employers have to accept a request to adjust the workplace if, based on reasonableness and fairness, the employer's interests have to take second place to that of the employee and the requests concerns a workplace within the EU at which place the employee will live or that is otherwise suitable to work from. If the requested workplace does not meet these criteria, the employer has to discuss the request with the employee in case the employee intends to refuse it. Whether the advice will be followed is not clear yet. The government will first discuss the advice and respond to it in a letter to the House of Representatives.