SURPRISE RULING BY SINT MAARTEN COURT

Court introduces non-statutory transfer of employees

In the Netherlands (the European part of the Kingdom), when an undertaking (onderneming) is transferred from one person or entity to another, by operation of law the employees have an employment relationship with the new owner on the terms and conditions agreed with the old employer. For example, such a transfer of the employment relationship may occur in the case of a take-over or merger. Following the transfer, the new owner must respect all existing employment terms and conditions, including the terms of any applicable collective labor agreement. In principle, the rules with respect …
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04
Apr 2012
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Legal

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TERMINATION OF EMPLOYMENT AGREEMENT AND REDUNDANCY

Termination by mutual consent is preferable

In general, Curacao labor law provides for the following ways to terminate an employment agreement: (i) termination by giving notice, (ii) dissolution by the Courts and (iii) termination by mutual consent.

Prior to giving notice, an employer must obtain a permit from the Director of the Directorate of Labor Affairs. The Director will determine whether there is a valid reason for the dismissal. In the case of redundancy the employer is obliged to provide a detailed financial justification thereof. If in agreement, the Director of the Directorate of Labor Affairs may issue a permit …
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23
Aug 2011
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Legal

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MASS LAY-OFF UNDER THE LAWS OF THE DUTCH CARIBBEAN

Permission required

The termination of the employment contracts of more than 25 employees or of 25% or more of the employees of a company is considered a mass lay-off. For such a mass lay-off permission is required from the Director of the Department of Labor and Social Affairs irrespective of the nature of the company’s activities. The Director must be informed by the employer at least two months prior to the (intended date of) termination of the employment contracts. Simultaneously, or at least within eight days of notifying de Director the employer must provide the Director with a redundancy arrangement …
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30
Oct 2008
CATEGORY

Legal

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