2.9.2019
Limitation and expiration periods in employment contract law (5): Under the Wwz, Labor Law 2019/39
Four articles on "Limitation and Expiration Periods in Employment Contract Law" were published in this journal from 2000 to 2005. The schedule of limitation and expiration periods included in the above articles is dated as a result of the Wwz and other legislative changes. This article will update this schedule. Prior to the schedule, the relevant case law of the courts and the Supreme Court on expiry periods that have been adjusted or introduced with the entry into force of the Wwz will be discussed. In addition, two recent decisions of subdistrict courts following the Column decision will be discussed in which the expiry period plays an important role.
1. Case law since July 1, 2015 from the Courts and Supreme Court
The legislative history of the Wwz shows that the expiry periods of Section 7:686a (4) of the Civil Code were introduced so that parties would know where they stand in the new system considerably faster. In the first period after the entry into force of the Wwz, some practitioners did have to get used to these expiration periods and the procedures of the Wwz.
1.1 New procedures
For example, in late 2015, an employee who was summarily dismissed claimed reinstatement and continued payment of wages in summary proceedings before the Amsterdam subdistrict court, citing the nullity of the summary dismissal in the body of the summons.
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