THE NETHERLANDS Neth. 3

THE NETHERLANDS Neth. 3 ANNOTATION 1. The Hoge Raad has given a number of decisions concerning labour disputes in cases where the employer dismissed an employee on the spot on the ground that the latter did not come to work, but reported that he was ill, although the officials called upon to judge whether he should receive any payment in accordance with the Health Act did not consider him to be ill. The decision in question here is one of the most recent by reference to which this rather complicated issue may be discussed. It should be noted that the first decision in a comparable case (Hoge Raad, 6th June 1975, NJ 1975, 484) was discussed in I I.L.L.R. 181 though on different grounds. 2. First and foremost it should be stated that an employee who without any valid reason does not turn up for work runs the risk of being dismissed summarily (Vide under Law Applied, art. 1639 p, paragraph 2, under 10e or 11 of the Civil Code). Likewise it should be stated that any employee not turning up because of illness has justification for his absence; he cannot justifiably be dismissed summarily. As a matter of fact, unless his http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Martinus Nijhoff
Copyright
Copyright 1984 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/221160285X00382
Publisher site
See Article on Publisher Site

Abstract

ANNOTATION 1. The Hoge Raad has given a number of decisions concerning labour disputes in cases where the employer dismissed an employee on the spot on the ground that the latter did not come to work, but reported that he was ill, although the officials called upon to judge whether he should receive any payment in accordance with the Health Act did not consider him to be ill. The decision in question here is one of the most recent by reference to which this rather complicated issue may be discussed. It should be noted that the first decision in a comparable case (Hoge Raad, 6th June 1975, NJ 1975, 484) was discussed in I I.L.L.R. 181 though on different grounds. 2. First and foremost it should be stated that an employee who without any valid reason does not turn up for work runs the risk of being dismissed summarily (Vide under Law Applied, art. 1639 p, paragraph 2, under 10e or 11 of the Civil Code). Likewise it should be stated that any employee not turning up because of illness has justification for his absence; he cannot justifiably be dismissed summarily. As a matter of fact, unless his

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1984

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