2021 articles

Legal Encyclopedia

Comprehensive information about your rights and obligations. - Westland

Practice Examples of Transitional Compensation in Probationary Period Disputes in Westland

Discover practice examples from Westland case law where greenhouse horticulture employees received transitional compensation in cases of probationary dismissal due to nullity or abuse of the probationary period.

25 december 20252 min
Lezen

Exceptions to the Dismissal Ban in Westland: When is Termination Permitted After All?

Dismissal bans in Westland are not absolute: exceptions apply for economic reasons such as greenhouse restructuring, urgent causes, or long-term illness with UWV permission. The employer must prove this.

25 december 20252 min
Lezen

WW Benefit after Dismissal during Probationary Period in Westland: Conditions and Tips

In Westland, you often have the right to a WW benefit after probationary dismissal. Discover the conditions, reporting obligation to UWV, and how this fits with greenhouse work without a transition payment.

25 december 20251 min
Lezen

Evidence in Cases of Prohibited Dismissal in Westland: How to Prove Discrimination?

Prove discrimination in Westland with documents, witnesses, and reversal of the burden of proof. Indirect evidence suffices according to the Supreme Court, ideal for horticultural workers.

25 december 20252 min
Lezen

Administrative versus Criminal Enforcement in Westland

Administrative enforcement competes with criminal law in Westland; the choice is based on severity, intent, and the local greenhouse horticulture context. The ne bis in idem principle prevents double punishment (Article 5:44 Awb).

25 december 20251 min
Lezen

Procedural Requirements for Summary Dismissal in Westland

Summary dismissal in Westland requires immediate, well-substantiated notification. Delays due to harvest pressure result in invalidity. Evidence such as camera footage is crucial to prevent reinstatement.

25 december 20252 min
Lezen

Impact of Collective Labour Agreements on Transition Compensation during Probationary Periods in Westland

CLAs in Westland modify probationary period exclusions for transition compensation. Discover how greenhouse horticulture CLAs offer more favourable rules for greenhouse employees.

25 december 20252 min
Lezen

Hearing and Improvement Opportunity Prior to Dismissal in Westland: Employee Rights

The hearing and improvement obligation (art. 7:672(2) BW) in Westland gives greenhouse workers a chance to defend themselves prior to dismissal. Learn obligations, exceptions such as in case of greenhouse contaminations, and consequences of non-compliance for valid procedures.

25 december 20252 min
Lezen

Employees' Rights in Summary Dismissal in Westland

Employees in Westland litigate within two months before the subdistrict court in The Hague for annulment, with continued salary payment until judgment. Unemployment benefits and compensation remain possible; employer proves misconduct in greenhouse context. (28 words)

25 december 20252 min
Lezen

Objection and Appeal against Enforcement Decisions in Westland

Objection and appeal against enforcement decisions in Westland (Chapters 6 and 8 Awb): legality review by the District Court of The Hague. De novo review with option for interim relief in cases of urgency, such as greenhouse horticulture violations.

25 december 20252 min
Lezen

Temporary Rental Contracts and Automatic Extension in Westland

Temporary rental in Westland: duration, termination and risks of automatic extension. Differences with fixed contracts, with local greenhouse horticulture context. (18 words)

25 december 20251 min
Lezen

Holiday Rental versus Residential Space in Westland: Boundary and Consequences

Discover in Westland when holiday rental turns into protected residential tenancy: local criteria, risks for landlords and rights of tenants.

25 december 20252 min
Lezen