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ARTICLE · 05 OCTOBER 2021

Is There A Duty To Redeploy An Employee Remotely? A Ruling From The Netherlands

Is an employer required to redeploy an employee made redundant remotely for a foreign sister company? The Amsterdam District Court recently dealt with this question.

NetherlandsEmployment and HR

Is an employer required to redeploy an employee made redundant remotely for a foreign sister company? The Amsterdam District Court recently dealt with this question.

The background

An employee had worked for a Dutch company since 3 April 2018. This employer is part of an international organisation that is engaged in student recruitment for distance education.

At the end of May 2020, the employer decided to cease all activities in the Netherlands. Apart from the employee's employment contract, all the other 18 employment contracts were terminated by means of a settlement agreement due to economic circumstances. After the office in the Netherlands closed on 30 June 2020, the employee (temporarily) performed her work online for a Czech sister company of the employer, as she was the only employee not to sign the settlement agreement.

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