Breach of Employment Contract: Examples, Remedies, Damages

A breach of employment contract happens when either the employer or the employee does not do what the contract requires—such as not paying agreed wages on time, changing essential terms without consent, or leaving without proper notice. In Dutch practice, a “contract” is not only what’s on paper; it also includes verbal agreements, implied and statutory rights, and, where applicable, collective labor agreements (CAO). Not every annoyance is a breach, and not every breach leads to dismissal or big payouts. The key questions are what the contract actually requires, how serious the breach is, and what remedies Dutch law makes available.

This guide explains how breaches are assessed under Dutch law, the building blocks of Dutch employment contracts, and the most common employer and employee breaches. You’ll find practical steps to take first, how to put a party in default (ingebrekestelling), and which remedies you can seek: performance (nakoming), termination (ontbinding), and damages (schadevergoeding). We also cover wage protections, unilateral changes, dismissal-related issues, non-competes, penalty clauses, kort geding, forums and timelines, damage calculation, cross-border pitfalls, prevention checklists, and real-world scenarios—so you can move from problem to solution with confidence.

What counts as a breach of an employment contract under Dutch law

Under Dutch law, a breach of employment contract arises when either party fails to perform an obligation that follows from the employment agreement or from rules that are part of the contract by operation of law, such as mandatory legislation, a collective labor agreement (CAO), or incorporated policies and handbooks. A breach can be non‑performance, late or defective performance, or doing something the contract prohibits. Unilateral changes to essential terms without a valid legal basis or employee consent will often qualify as a breach.

• Employer-side examples: late or unpaid wages, unlawful deductions, cutting pay or hours without consent, failing to provide agreed work or benefits, unsafe or non‑compliant working conditions, or materially changing role/location without a valid flexibility basis.
• Employee-side examples: not giving or working proper notice, refusing reasonable and lawful instructions, persistent non‑performance, competing in breach of a non‑compete or soliciting clients, or breaching confidentiality.

Not every misstep is fundamental. Severity, impact, and evidence matter for the remedy. Always confirm the applicable terms (contract, CAO, policies) and document what happened, when, and with whom.

The building blocks of Dutch employment contracts: express, implied and statutory terms (including CAO and policies)

Most breach of employment contract disputes start with one question: what are the actual terms that bind the parties? In Dutch practice, your “contract” is a bundle of obligations that can come from different sources and interact in a hierarchy. Mandatory law and any applicable, binding CAO take precedence; individual clauses and policies apply to the extent they fit within those guardrails.

• Express terms: The written agreement, offer letters, side letters and confirmed emails set out core items like role, salary, hours, location, benefits and notice. Integration/variation clauses determine how later changes become binding.

• Implied terms: Obligations can arise from the nature of the relationship, consistent past practice, necessity for business efficacy, and operation of law. Typical themes are good faith cooperation, timely performance, and compliance with reasonable instructions and safety rules.

• Statutory terms: Non-derogable rules on wages, working time, holidays, sick pay mechanisms, equal treatment and pay protection apply automatically and override conflicting clauses.

• CAO and policies/handbooks: A sectoral or company CAO may replace or supplement individual terms. Policies become contractual if the contract incorporates them or if they are clear, accessible and consistently applied. Keep versions current and communicate changes transparently.

Employer breaches: common examples and how they arise

On the employer side, a breach of employment contract typically centers on pay, hours, duties, benefits, or termination. Problems often start with misreading the contract or CAO, cost-cutting without consent, or leaning on a flexibility clause that does not justify the change. What was promised, what actually happened, and how changes were implemented will drive the outcome.

• Late or unpaid wages: Payroll errors or cash‑flow issues; repeated lateness can escalate liability.
• Unlawful deductions/set‑off: Taking money from pay without a clear contractual or statutory basis.
• Unilateral change to essential terms: Cutting salary/hours, shifting role or location without consent or valid flexibility ground.
• Failure to provide agreed benefits/work: Not honoring allowances, travel costs, training, or accrued holiday.
• Wrongful dismissal/notice defects: Ending employment without proper notice or required procedure.
• Unsafe or toxic workplace: Ignoring harassment or safety concerns, breaching implied duties of trust and care.
• Variable pay mishandling: Moving targets mid‑year or rebranding guaranteed elements as “discretionary.”
• CAO/policy non‑compliance: Not applying agreed scales, increments, or rules consistently.

Employee breaches: common examples and how they arise

Employee-side breaches usually surface around notice, loyalty, instructions and policy compliance. They often arise during high‑friction moments—resignation, performance issues, sickness, hybrid working, or when bonus/targets shift. Under a typical employment contract, employees must perform on time, follow reasonable and lawful instructions, keep information confidential, and avoid conflicts of interest. Where a CAO or handbook applies, failing to follow clear, consistently applied rules can also create a breach.

• Insufficient notice or refusal to work notice: Leaving early or not serving notice.
• Competing or soliciting in breach: Joining a competitor or poaching clients/staff.
• Confidentiality/data misuse: Sharing sensitive information or exporting company data.
• Refusing reasonable instructions/persistent underperformance: Ignoring lawful orders or minimum standards.
• Unauthorized absence or timekeeping fraud: No‑shows, false timesheets, or misusing leave.
• Policy breaches (IT, expenses, social media, HSE): Ignoring documented, communicated rules.

Minor versus fundamental breach: how Dutch law distinguishes severity

Dutch law distinguishes severity by asking whether a shortcoming is serious enough to justify dissolving the contract. As a rule, any failure can ground termination, unless—given the nature or minor significance of the breach—ending the contract would be disproportionate. Courts weigh factors such as impact on core terms (pay, work, hours), duration and repetition, intent or culpability, the possibility to cure, and whether trust and cooperation have been damaged beyond repair.

• Minor breaches: one‑off late payment or expense reimbursement, isolated policy slip, administrative mistakes, small delays where performance can quickly be cured. Remedies typically include performance (nakoming), warning, and limited damages—not termination.

• Fundamental breaches: structural non‑payment or unilateral pay cuts, serious insubordination or refusal to work, grave confidentiality or competition violations, unsafe or abusive workplace conduct, and wrongful termination. These often justify court dissolution (ontbinding) and damages, and in extreme cases may support summary dismissal.

Before escalating, consider whether the breach can be remedied and document the impact; this feeds into proportionality and your next steps.

First response: how to assess a suspected breach and preserve evidence

The first 48 hours shape your leverage. Before reacting, verify whether what happened really conflicts with the employment contract, any applicable CAO, and incorporated policies or past practice. Then capture the facts and impact. Keep communications professional, continue performing your duties where possible, and preserve evidence—this protects your position whether you seek performance, settlement, or court relief later.

• Map the terms: Locate the signed contract, annexes, amendments, the latest CAO version, and relevant policies/handbooks.
• Build a chronology: Note dates, times, who said what, and attach emails/messages; for wage issues, keep payslips and bank statements.
• Quantify impact: Record unpaid amounts, fees, travel/time losses; keep invoices and receipts (direct costs and foreseeable knock‑on costs).
• Capture communications: Save emails, letters, HR tickets, and meeting notes; follow up verbal talks with a short confirmation email.
• Secure digital proof safely: Take screenshots or exports consistent with IT/data policies; don’t remove confidential/company data.
• Identify witnesses: List colleagues who observed key events.
• Avoid self‑help: Don’t stop working, withhold pay, or delete data; use formal steps next.
• Diary deadlines: Note contractual/CAO time limits and internal appeal windows to avoid timing out your options.

Step-by-step if your employer breaches: internal resolution and notice of default (ingebrekestelling)

Start by trying to solve the breach of employment contract internally and keep performing your duties where safe and reasonable. Be clear on the outcome you want (e.g., payment, reversal of a unilateral change) and put everything in writing. If that fails, a proper notice of default (ingebrekestelling) is usually required under Dutch law to put the employer in default (verzuim) before you can seek dissolution or damages.

• Raise it with manager/HR: Summarize the breach, cite the clause/CAO rule, and state what cure you want. Follow up meetings with a confirmation email.
• Use internal procedures: File a formal complaint/grievance if your contract, CAO or handbook provides one. Observe stated deadlines.
• Send an ingebrekestelling:
  • Identify the contract/CAO terms breached and the facts.
  • Quantify amounts (wages/benefits) where possible.
  • Demand performance or reversal within a reasonable period (often 7–14 days).
  • Reserve all rights, including termination (ontbinding) and damages.
  • Ask for written confirmation.
• Exceptions: If performance is impossible, expressly refused, or a fixed “fatale” deadline has passed, verzuim can arise without prior notice—still send a written record.
• Escalate if unresolved: Consider mediation/settlement; for urgent relief (e.g., ongoing non‑payment or an unlawful change), consult about a kort geding at the kantonrechter.

Step-by-step if your employee breaches: managing process and documentation

Handle an alleged breach of employment contract with consistency, proportionality, and solid documentation. Move fast but fair: verify what the contract, any CAO, and policies require, investigate facts, and give the employee a real chance to respond and remedy. Good dossier building strengthens any later step—warning, performance plan, or termination request.

• Map the rules and facts: Check contract/CAO/policies; create a dated chronology.
• Give clear instructions to cure: State what must change and set a reasonable deadline.
• Warn in writing: Issue a written warning; for performance, start a PIP with support.
• Investigate misconduct fairly: Hear the employee, take minutes; consider paid suspension only if justified and allowed.
• Preserve evidence lawfully: Save emails, logs, CCTV per policy/privacy rules.
• Quantify business impact: Record losses and mitigation efforts.
• Monitor and follow up: Review progress; confirm outcomes in writing.
• Escalate proportionately: Second warning, reassignment, settlement, or—if breach persists—seek legal advice on ontbinding or other remedies.

Remedies under Dutch law: performance (nakoming), termination (ontbinding) and damages (schadevergoeding)

When there is a breach of employment contract, Dutch law offers three core remedies. The right choice depends on the seriousness of the shortcoming, whether it can be cured, the ongoing relationship, and urgency. Often, you will combine remedies—for example, first demand performance and, if refused, ask the court to dissolve the contract and award damages.

• Performance (nakoming): Enforce the obligation as agreed, typically to pay wages on time, restore unlawfully changed terms, deliver agreed benefits, or allow the employee to perform work. A prior notice of default (ingebrekestelling) is usually required. In urgent cases, you can seek interim relief; compelling “work” by an employee is exceptional, but ordering an employer to let the employee work and pay wages is common.

• Termination (ontbinding): Ask the kantonrechter to dissolve the employment if the breach (e.g., serious misconduct, structural non‑payment, or destroyed trust) makes continuation unreasonable. Courts weigh proportionality and whether a cure or warnings were offered; ontbinding is a last resort in normal cases. The court sets the end date and may address resulting payments.

• Damages (schadevergoeding): Compensation for proven financial loss caused by the breach, subject to causation and (in principle) default. Typical items include unpaid wages and benefits, bank/overdraft fees from late pay, recruitment or temporary staffing costs, and losses from confidentiality or competition breaches. Statutory interest runs on due amounts; wage increase penalties are addressed in the next section.

Special wage protections: late payment penalties (wettelijke verhoging), statutory interest and payslip issues

Wages receive extra protection under Dutch law. If pay is late or short, employees can claim not only the outstanding wages but also a statutory increase (wettelijke verhoging) and statutory interest. Separately, employers must provide clear, timely payslips that transparently show how pay is calculated and any deductions; failure to do so is itself a breach that strengthens a wage claim.

• Late payment penalty (wettelijke verhoging): An automatic surcharge is due on overdue wages up to a statutory maximum; courts may mitigate the percentage but repeated or structural lateness increases exposure.
• Statutory interest (wettelijke rente): Interest runs from the due date until full payment and is added on top of any penalty.
• Payslip duties: Each pay period, the payslip must itemize gross/net pay, components, hours, leave accrual and deductions. Unlawful deductions require a clear legal or contractual basis; otherwise they are repayable.
• Practical move: Act quickly with an ingebrekestelling, attach payslips and bank statements, and consider urgent relief (kort geding) if non‑payment continues.

Unilateral changes to terms: the reasonableness test (Stoof/Mammoet) and flexibility clauses

Unilateral changes are a frequent source of breach of employment contract claims. As a starting point, essential terms—pay, hours, role, place of work—cannot be changed without consent. Under Dutch case law often referred to as the Stoof/Mammoet test, an employee may still be required to accept a change if the employer has a legitimate business reason, makes a reasonable proposal, and—considering all circumstances—refusal would be unreasonable. Proportionality, transparency, and the availability of alternatives weigh heavily.

If a written flexibility clause (unilateral change clause) exists, it does not give carte blanche. The employer must still show a serious interest that outweighs the employee’s, consult in good faith, and implement the least intrusive option, ideally with phasing or compensation. CAO rules can permit or restrict changes, and policy updates are easier to justify if they are reasonable, clearly communicated, and applied consistently.

Dismissal-related breaches: invalid termination, summary dismissal (ontslag op staande voet) and settlement agreements

Most breach of employment contract disputes flare at the end of the relationship. An employer commits a breach where it ends employment without a valid ground, uses the wrong route (UWV vs. court), ignores required procedures or notice, or dismisses in a prohibited or discriminatory situation. Employees can contest an invalid termination, seek pay until lawfully ended, request reinstatement, or ask the court to dissolve the contract with compensation. Where pay stops or a reputation is at stake, urgent relief (kort geding) may be appropriate.

Summary dismissal (ontslag op staande voet) is the most drastic route and only lawful for an urgent cause (e.g., serious misconduct), given without delay and with the reason communicated immediately. Employers must investigate promptly and hear the employee where feasible. If the urgency, speed or reasoning fails, the dismissal risks annulment; the employee can claim wages and reinstatement or choose termination plus damages.

• Settlement agreements (vaststellingsovereenkomst):
  • Record the end date, payments (accrued rights, bonuses/commissions), and reference wording.
  • Use neutral grounds to avoid avoidable post‑termination risk.
  • Include a statutory reflection period and clear waivers.
  • Check tax treatment and non‑compete/relief from work arrangements before signing.

Compensation after termination: transition payment (transitievergoeding) and fair compensation (billijke vergoeding)

When an employment relationship ends, Dutch law provides two main compensation tracks. The statutory transition payment is the default financial cushion for lawful terminations, while fair compensation is an additional, discretionary award when the employer’s conduct is seriously culpable. They can be granted together, and both often arise out of a breach of employment contract scenario.

• Transition payment (transitievergoeding): Normally due when the employer ends the contract or declines to renew a fixed-term contract. It is based on the employee’s monthly remuneration (fixed pay and recurring allowances) and is subject to a statutory cap. It is generally not owed when the employee resigns, unless the resignation is forced by the employer’s serious breach, in which case the court may still award it.

• Fair compensation (billijke vergoeding): Awarded by the court on top of the transition payment where the employer acted in a seriously culpable way (for example, engineering a dismissal without a fair ground, ignoring safety or reintegration duties, or abusing process). There is no fixed formula; courts weigh factors such as the seriousness of the conduct, the damage to employability, lost income prospects, and whether the breach destroyed trust.

• Settlement leverage: In a settlement agreement, parties can contractually include the transition-equivalent and negotiate an additional amount reflecting litigation risk around “seriously culpable” conduct. Be clear on components, payment dates, tax handling, and mutual waivers.

Non-compete, confidentiality and trade secrets: enforcement and breaches

At the end of employment, disputes often center on non‑compete (non‑concurrentiebeding), non‑solicitation/relationship clauses (relatiebeding), confidentiality duties, and misuse of trade secrets. These obligations must be clear and in writing; for fixed‑term contracts a non‑compete generally requires a specific, written justification of compelling business interests. Courts test necessity, duration, scope and geography, and will weigh the employer’s legitimate interest against the employee’s right to work. Trade secrets are also protected by statute, alongside contractual confidentiality.

• Typical breaches:

  • Joining a competitor within the prohibited scope, territory or period.
  • Client/employee poaching: contacting listed relations in breach of a relatiebeding.
  • Data take‑away: exporting code, CRM lists, pricing sheets or strategy decks.
  • Confidentiality leaks: sharing sensitive know‑how via personal email or cloud.
  • Shadow competition: setting up a competing venture while still employed.

• Enforcement and defenses:

  • Cease‑and‑desist + ingebrekestelling: demand undertakings, deletion, and return of data.
  • Kort geding injunctions: stop competitive acts, enforce a penalty (boete), order delivery‑up and preservation of evidence.
  • Damages claims: for demonstrable loss from breach or trade secret misuse.
  • Judicial trimming/annulment: courts may limit or nullify clauses that unreasonably restrict the employee; release can be negotiated.
  • Compliance safeguards: paid release from duties (vrijstelling van werk), access cut‑off, and documented handover.
  • Proportionality and proof: employers should show a concrete business interest; employees should document job scope to contest overbreadth.

Deductions, set-off and penalty clauses: what is allowed and what is not

Because wages enjoy strong protection in the Netherlands, deductions, set‑off and contractual penalties are tightly controlled. Missteps here often amount to a breach of employment contract and trigger claims for repayment, statutory interest and, in wage cases, a late‑payment increase. The touchstone is a clear legal or contractual basis, transparency on amounts, and proportionality.

• Allowed (with conditions):

  • Statutory/mandatory deductions (e.g., payroll taxes) and court‑ordered attachments.
  • Repayment of genuine advances or clear overpayments, preferably agreed in writing and on a reasonable schedule.
  • Contractual set‑off expressly agreed and consistent with any CAO/policy, without undermining mandatory wage protections.
  • Lawful, clearly communicated fines where a valid contractual/policy basis exists and amounts are reasonable.

• Not allowed (common pitfalls):

  • Disciplinary withholding of wages or unilateral clawbacks without a concrete contractual/statutory ground.
  • Open‑ended “blanket” consents or deductions that cut below protected wage levels or breach a CAO.
  • Set‑off against expenses, holiday pay or benefits without a clear entitlement.
  • Excessive penalty clauses: vague, punitive, or disproportionate amounts; courts may reduce or disregard them.

• Penalty clause hygiene: Put the clause in writing, define the breach precisely, set a proportionate amount, and link it to a legitimate business interest (e.g., confidentiality or non‑solicitation). Avoid double recovery; if you also claim damages, substantiate the extra loss and provide credit for any penalty paid.

Fast-track relief: preliminary injunctions (kort geding) in employment disputes

If a breach of employment contract creates immediate harm, urgent provisional relief can be sought in a preliminary injunction (kort geding) before the kantonrechter. The judge decides on a summary assessment: urgency, a plausible right, and the balance of interests. Measures are interim—intended to stop ongoing damage pending a final decision or settlement—and can be backed by a coercive penalty (dwangsom). Where entitlement is sufficiently clear, courts may also order provisional payments (for example wages).

• Urgent wage orders: payment of overdue salary and continuation of pay.
• Undo unlawful changes: suspend/reverse unilateral changes to essential terms.
• Access to work: lift an unjustified suspension or refusal to let the employee work.
• Non‑compete relief: suspend or narrow a non‑compete/non‑solicit to allow employment.
• Cease‑and‑desist: stop competitive acts, solicitation, or confidentiality/trade secret misuse; order data return.
• Evidence safeguards: preservation and handover measures to prevent loss of proof.

A kort geding often runs alongside—or is followed by—regular proceedings on the merits.

Where to bring a claim in the Netherlands, timelines and limitation periods (verjaring)

Most employment disputes are brought before the kantonrechter (sub‑district court). The forum and procedure depend on the remedy you seek and how urgent the matter is. Termination-related measures typically use the petition route; pure monetary disputes often use a summons. If harm is ongoing and urgent, you can ask for provisional measures in a kort geding. For dismissals on business‑economic grounds or long‑term incapacity, the employer must first apply to the UWV; court proceedings can follow if there is a dispute.

• Typical routes:

  • Kantonrechter (petition): ontbinding, annulment of summary dismissal, billijke vergoeding, transitievergoeding.
  • Kantonrechter (summons): damages for breach, bonus/commission, unlawful deductions.
  • Kort geding: urgent wage orders, undoing unilateral changes, non‑compete injunctions.
  • UWV first: employer redundancies/long‑term illness; disputes may proceed to court.

• Key deadlines (strict):

  • Challenge summary dismissal/invalid notice: generally within 2 months.
  • Claim transition payment: generally within 3 months after termination.
  • Wages/bonuses/penalties: standard limitation is 5 years; long‑stop 20 years.
  • Interrupting limitation (stuiting): a timely written notice acknowledging/claiming the debt resets the clock.
  • CAO/policy appeals: check and diarize shorter internal time limits.

Act early, choose the right route, and use written notices to preserve and interrupt limitation periods.

Calculating damages: causation, foreseeability, mitigation and valuation

In Dutch practice, damages for a breach of employment contract are compensatory: you recover proven financial loss caused by the breach and reasonably attributable to it. There is generally no award for distress alone. You must show a causal link, the loss was reasonably foreseeable, and that you took sensible steps to limit it. Courts can moderate excessive outcomes and will prevent double recovery, especially where penalties or overlapping payments exist. Build your claim on documents and a clear “but‑for” comparison.

Indicative formula: Damages = Direct loss + Consequential loss + Statutory interest (+ wage penalty if applicable) – Mitigation – Amounts already received

• Causation: Prove the link with a dated chronology, payslips, bank statements, invoices, and emails; quantify a “but‑for” scenario.
• Foreseeability: Claim losses a reasonable party would expect (e.g., overdraft fees from late wages, temporary cover costs, predictable bonus impact).
• Mitigation duty: Act reasonably to limit harm (escalate promptly, accept feasible cures, seek interim work); avoidable loss is deducted.
• Valuation:
  • Direct loss: unpaid wages/benefits, holiday pay, expenses.
  • Consequential loss: bank charges, interim staffing, measurable client loss from confidentiality/competition breaches.
  • Variable pay: use probability‑weighted bonus/commission based on targets, past practice, and policy.
  • Set‑offs and penalties: credit statutory/contractual sums already paid; wage claims may add statutory increase and interest; courts may reduce penalties and won’t allow double counting.

Cross-border employment: governing law, jurisdiction and choice-of-law pitfalls

When work crosses borders—expats, secondees, or remote workers—the law that governs the contract and the court that can hear a dispute may differ. A choice-of-law clause helps, but it cannot deprive employees of mandatory protections of the country where they habitually work. Likewise, jurisdiction clauses are restricted in employment matters: employees usually may sue in the place of work or employer’s establishment, while employers face tighter limits. Getting this wrong can turn a routine issue into a costly breach of employment contract dispute.

• Habitual place of work controls: Mandatory local rules on wages, hours, holidays, notice and dismissal can override chosen law.
• Jurisdiction limits: Employees often have expanded forum options; employers typically do not.
• Remote work shifts risk: A move abroad can change applicable law/CAO and social security.
• Secondment clarity: Document who is the employer, supervision, pay/benefits, and which CAO applies.
• Restrictive covenants: Ensure non-competes/confidentiality comply with the mandatory rules of the place of work.

Prevention checklists: contract drafting and compliance tips for employers

Strong prevention reduces breach of employment contract risks and litigation costs. Build clarity into documents, follow fair processes, and keep records. Align individual terms with any applicable CAO and mandatory Dutch rules. Use proportionality and transparency as your guiding principles, especially for changes, pay, and discipline.

• Define the document stack: Contract + annexes + CAO + handbook; state hierarchy and update process.
• Crystal-clear pay terms: Salary, pay dates, allowances, variable pay metrics, and when discretion applies.
• Lawful deductions only: List permissible deductions and repayment arrangements; avoid blanket consents.
• Flexibility with brakes: Include a unilateral change clause and apply the Stoof/Mammoet reasonableness test.
• Non-compete hygiene: Tailor scope/time; for fixed-term add specific written justification; include non-solicit and confidentiality.
• IP and confidentiality: Assign IP, protect trade secrets, regulate BYOD/cloud use and data return.
• Working time/leave: Hours, overtime rules/compensation, hybrid/remote arrangements, travel time.
• Process playbooks: Performance (PIP), misconduct investigation, suspension, grievance/whistleblowing.
• Sickness and reintegration: Duties, privacy boundaries, occupational health (bedrijfsarts) cooperation.
• Payslips and payroll controls: Timely, accurate payslips; dual checks to prevent late/short payment.
• Change control: Consult early, compare alternatives, document proportionality, offer transition measures.
• Exit readiness: Garden leave option, access cut-off, return-of-property, reminder of post-termination duties.

Practical examples: typical scenarios and likely outcomes in Dutch practice

Real disputes tend to cluster around pay, unilateral changes, dismissals, and post-termination restrictions. Dutch courts focus on proportionality, clear documentation, and whether a party offered or accepted a reasonable cure. Below are typical fact patterns and what usually happens in practice.

• Structural late wages: Court orders payment in kort geding, adds statutory interest and a mitigated but tangible late-payment increase; employer pays costs. Employment continues unless trust is truly broken, in which case dissolution may follow later.
• Unilateral salary cut or role downgrade: Without consent and a strong business case under the Stoof/Mammoet reasonableness test, courts suspend/reverse the change and order back pay; settlements often include phased adjustments or compensation.
• Hasty summary dismissal for suspected misconduct: If urgency, investigation, or reasoning is lacking, dismissal risks annulment; the employee can secure wages and reinstatement or court dissolution with transition pay plus fair compensation where conduct was seriously culpable.
• Non‑compete after job change or broad scope: Judges frequently narrow or suspend clauses in kort geding if the employer’s interest is insufficient or the clause is overbroad; a coercive penalty may back tailored restraints.
• Employee quits without notice and poaches clients: Employer claims proven losses (temporary cover, lost margin) and enforces any penalty/relatiebeding; employee still receives earned wages and unused statutory holiday pay.

Conclusion

When a breach threatens pay, reputation or trust, speed and clarity win. Start by confirming the binding terms (contract, CAO, policies), documenting facts and impact, and choosing a proportionate path: demand performance, negotiate a cure, seek termination only if continuation is unreasonable, and quantify damages you can prove. Remember the extras for wage claims (penalty and interest), the reasonableness test for unilateral changes, and the strict timelines around dismissals and post‑termination rights. Urgent harm? Use kort geding to stabilize the situation fast.

If you’re facing a potential breach—whether as an employer or an employee—get tailored advice early. We can review your documents, draft a precise ingebrekestelling, build your evidence, negotiate settlement, and pursue or defend court action where needed. For responsive, pragmatic support under Dutch law, contact Law & More to discuss next steps in confidence.