အလုပ်ခန့်ထားမှုစာချုပ်ချိုးဖောက်ခြင်း- မည်သည့်အချက်များသည် အရေးပါပြီး မည်သည့်ကုစားနည်းများ သက်ရောက်သနည်း။

A breach of an employment contract occurs when the employer or the employee fails to meet an obligation from the contract, the collective labour agreement (CAO) or the law, such as paying wages on time or performing the agreed work. The main remedies are performance, damages and, in serious cases, termination; dismissal-related claims, however, run on strict deadlines of two or three months.

Dutch law treats breaches by the employer and by the employee differently. Below we explain what counts as a breach, which remedies apply, which deadlines you must watch and what each side should check.

အလုပ်ခန့်ထားမှုစာချုပ် ချိုးဖောက်မှုအဖြစ် ဘာကို သတ်မှတ်ပါသလဲ။

Any failure to perform an obligation from the အလုပ်အကိုင်စာချုပ်, the CAO, company rules or the Dutch Civil Code (BW) is a breach (tekortkoming). Article 7:611 BW adds a general duty for both parties to act as a good employer and a good employee.

The source of the obligation matters. A CAO can create rights the individual contract does not mention; our article on non-compliance with collective agreements explains how those are enforced.

What are common breaches by the employer?

The most common employer breach is paying wages late or not at all. Other frequent breaches concern changing terms without consent and failing to provide a safe workplace.

• Late or short payment of wages, holiday allowance or agreed bonuses.
• Unilaterally changing salary, hours, position or place of work.
• Refusing to let an employee work, or suspending without a valid reason.
• Failing to take adequate safety measures (Article 7:658 BW).
• Ending the contract without a valid ground or via the wrong procedure.

ကျွန်ုပ်တို့ရဲ့ ခြုံငုံသုံးသပ်ချက် ဒတ်ချ်ဥပဒေအရ အလုပ်ရှင်များ၏ တာဝန်ဝတ္တရားများ lists these duties in more detail.

What are common breaches by the employee?

Employee breaches usually concern the duty to perform the agreed work and to follow reasonable instructions (Article 7:660 BW). Breaches of confidentiality and non-compete clauses are the second large category.

• Persistent refusal to work or to follow reasonable instructions.
• Unauthorised absence or not complying with sick-leave rules.
• Disclosing confidential information or trade secrets.
• Working for a competitor in breach of a non-compete သဘောပေါ့။.
• Theft, fraud or other serious misconduct.

Which remedies does Dutch law offer?

The injured party can claim performance, damages or, in serious cases, termination of the contract. These remedies are often combined, for example a demand for performance followed by a claim for termination and damages.

Performance (nakoming)

You can demand that the other party does what was agreed, such as paying wages or restoring the original terms. In most cases you first send a notice of default (ingebrekestelling) with a reasonable deadline (Article 6:82 BW). In urgent matters, such as unpaid wages, you can ask the subdistrict court (kantonrechter) for interim relief in summary proceedings (kort geding).

Damages (schadevergoeding)

Under Article 7:686 BW the general rules on damages for non-performance apply to employment contracts. You must prove the loss and the causal link with the breach, for example recruitment costs or financial loss from a breach of confidentiality.

Termination by the court (ontbinding)

A serious breach can be a reason to ask the subdistrict court to dissolve the contract. An employer can rely on culpable acts or omissions of the employee (Article 7:669(3)(e) BW); an employee can request dissolution for seriously culpable conduct of the employer (Article 7:671c BW) and may then receive fair compensation (billijke vergoeding).

What extra protection applies to wages?

If wages are paid late, the employee can claim a statutory increase (wettelijke verhoging) of up to 50% of the overdue amount under Article 7:625 BW. Statutory interest is added on top until payment, and the court may reduce the increase if it leads to an unfair result.

The employer must also give a payslip with each payment showing gross pay, deductions and net pay (Article 7:626 BW). Deductions or set-off against wages are only allowed within the limits of the law.

Can an employer change the terms of employment unilaterally?

Only in limited cases. Without a written unilateral change clause, an employee only has to accept a reasonable proposal linked to changed circumstances if refusing it would be unacceptable by standards of reasonableness and fairness (Supreme Court, 11 July 2008, Stoof/Mammoet, ECLI:NL:HR:2008:BD1847).

If the contract contains a written unilateral change clause, Article 7:613 BW applies. The employer must then show such a weighty interest that the employee’s interest must give way. A change made outside these limits is a breach, and the employee can claim the original terms.

What if the breach leads to dismissal?

A serious employee breach can justify summary dismissal (ontslag op staande voet) under Article 7:677 BW. The dismissal must be given immediately, for an urgent reason, and that reason must be communicated to the employee straight away.

An employee who wants to contest a summary dismissal must ask the court to annul it within two months. If the employer ends the contract without a valid ground, the employee can also claim fair compensation. The အကူးအပြောင်း ငွေပေးချေမှု (transitievergoeding) amounts to one third of a monthly salary per year of service, capped at €102,000 in 2026 or one annual salary if that is higher. It can be withheld if the employee’s conduct was seriously culpable (Article 7:673(7) BW).

Can a penalty clause be enforced?

A penalty clause (boetebeding) in an employment contract is only valid within the limits of Article 7:650 BW. It must be agreed in writing, and for employees earning around the statutory minimum wage the law sets extra limits on the amount.

ကျွန်ုပ်တို့၏ဆောင်းပါးအပေါ် အလုပ်စာချုပ်များတွင် ပြစ်ဒဏ်အပိုဒ်များ explains the formal requirements. A penalty linked to a non-compete clause is also often reduced by the court if it is clearly excessive.

Where and when do you bring a claim?

Employment disputes go to the subdistrict court, whatever the amount involved. The deadlines differ by type of claim and some are very short.

• Asking the court to annul a dismissal, or to award fair compensation instead: two months after the contract ends.
• Claiming the transition payment: three months after the contract ends.
• Wage claims and other claims for performance: five years (Article 3:308 BW).

Because these deadlines are strict, act as soon as you become aware of the breach. The Dutch rules on jurisdiction and applicable law also matter if you work across borders; see our နယ်သာလန် အလုပ်အကိုင်ဥပဒေ အကျဉ်းချုပ်.

ဝန်ထမ်းတစ်ယောက်အနေနဲ့ ဘာတွေကို စစ်ဆေးသင့်လဲ။

Start by establishing which obligation the employer has not met and where it is laid down. Then secure the evidence before you take any step.

• Check your contract, the applicable CAO and company rules for the obligation concerned.
• Collect payslips, bank statements, emails and messages about the breach.
• Send a written notice of default with a clear deadline.
• Note the two-month and three-month deadlines if your contract has ended.
• Do not sign a settlement agreement before you know what you are giving up.

အလုပ်ရှင်တစ်ယောက်အနေနဲ့ ဘာတွေကို စစ်ဆေးသင့်လဲ။

Record facts and warnings in the personnel file as they occur. Courts look closely at whether the employee was warned and given a chance to improve.

• Check whether the obligation is clearly laid down in the contract, CAO or written instructions.
• Hear the employee and record his or her explanation.
• Give a written warning or notice of default before taking further measures.
• For summary dismissal, act immediately and state the urgent reason at once.
• Check the formal requirements of any penalty or non-compete clause before invoking it.

What can we do for you with a breach of an employment contract?

ကျွန်တော်တို့၏ အလုပ်အကိုင်ရှေ့နေများ advise employees and employers on breaches of contract.

• We review the employment contract, CAO and correspondence and identify the obligations at stake.
• We draft the notice of default and the demand letter.
• We calculate wage claims including the statutory increase and interest.
• We start summary proceedings or a dissolution request at the subdistrict court within the deadline.
• We negotiate and review settlement agreements.

အကျဉ်းချုပ်

• A breach is any failure to meet an obligation from the contract, the CAO or the law, by employer or employee.
• The remedies are performance, damages and, in serious cases, dissolution by the subdistrict court.
• Late wages carry a statutory increase of up to 50% plus statutory interest (Article 7:625 BW).
• A dismissal must be contested within two months; the transition payment must be claimed within three months.

မကြာခဏမေးခွန်းတွေမေး