Our Minister of Social Affairs and Employment (Minister Van Gennip) recently sent another letter to the House of Representatives. Subject: the future of the Dutch labor market. There are quite a few changes in the pipeline. Employees should be given more security. At the same time, companies must remain agile. A contradiction that seems difficult to reconcile. In this podcast, Vincent de Groot and Tom Profijt (both lawyers in employment law) take you through the plans. After listening you are well prepared for what is to come. Governing (and doing business) means looking ahead!
For the connoisseurs, a link has been included below to the letter to Parliament that Tom and Vincent discuss in this podcast: Letter to Parliament.
Legal consequence: nullity
Subsequently, the preliminary relief judge rules that the legal consequence of this is a nullity. Pursuant to Section 3:14 of the Dutch Civil Code (‘BW’), a government body must observe the principle of equality when concluding a private-law agreement. This is a mandatory legal provision. Conflict with a mandatory legal provision leads to nullity or voidability of the legal act. Voidability is relevant when the legal provision that has been violated only serves to protect one of the parties to a legal act. However, that situation does not arise here. The principle of equality is intended precisely to protect third parties who are not parties to the legal transaction. The sanction is therefore nullity. The question then arises whether that nullity is intended to affect the validity of the agreement. That is the case. The principle of equality serves to protect an individual, but in view of its rationale, it also aims to realize as much social value as possible for society. This optimal value is realized by offering equal opportunities. In addition, the preliminary relief judge considers that the principle of equality is a fundamental principle and even a fundamental right. The principle of trust that can play a role between the municipality and ‘t Brandtweer does not detract from this.
The principle of equality serves to protect an individual, but in view of its rationale, it also aims to realize as much social value as possible for society. This optimal value is realized by offering equal opportunities. In addition, the preliminary relief judge considers that the principle of equality is a fundamental principle and even a fundamental right. It follows from the foregoing that Section 3:14 of the Dutch Civil Code is intended to affect the validity of the agreement. The principle of trust that can play a role between the municipality and ‘t Brandtweer does not detract from this. The principle of equality serves to protect an individual, but in view of its rationale, it also aims to realize as much social value as possible for society. This optimal value is realized by offering equal opportunities. In addition, the preliminary relief judge considers that the principle of equality is a fundamental principle and even a fundamental right.
The principle of trust that can play a role between the municipality and ‘t Brandtweer does not detract from this. In addition, the preliminary relief judge considers that the principle of equality is a fundamental principle and even a fundamental right. The principle of trust that can play a role between the municipality and ‘t Brandtweer does not detract from this. In addition, the preliminary relief judge considers that the principle of equality is a fundamental principle and even a fundamental right. The principle of trust that can play a role between the municipality and ‘t Brandtweer does not detract from this.
