In this case, it was stipulated that Dutch employment law was applicable and that the termination of the employment contract was invalid. The employer should have taken Dutch employment law into account when terminating the contract.<\/p>\n\n\n\n
The employer was established in Germany and assumed that German employment law would apply. However, the employee lived in the Netherlands and performed much of his work from his home in the Netherlands or arranged it from the Netherlands (such as visiting clients in the Netherlands and Belgium). The employee was of the opinion that Dutch law was applicable. This specific situation is set out in detail in the judgment.<\/p>\n\n\n\n
Our advice in such situations is to always consult an employment law specialist to determine which law is likely to apply. In addition, there should be regular reviews of changes in working patterns that may affect the applicability of the law.<\/p>\n\n\n\n