Forum for Science, Industry and Business

Sponsored by:     3M 
Search our Site:

 

Changes needed to dismissal law in the US and Netherlands

09.03.2007
Prompted by economic globalisation, since the 1980s both the US and the Netherlands have been seeking a new balance between flexible dismissal law for employers and protection against dismissal for employees.

This topic is central to Grace van Arkel’s dissertation 'A Just Cause for Dismissal in the United States and the Netherlands, A study on the extent of protection against arbitrary dismissal for private-sector employees in the United States and the Netherlands'. While dismissal law in the Netherlands is shifting its orientation from a social legislative point of view to an economic one, precisely the opposite shift is taking place in the US. Van Arkel will defend her dissertation on Friday 9 March 2007 at the Erasmus University Rotterdam.

In a nutshell, US dismissal law allows an employer to dismiss an employee without reason on grounds of the “at will rule,” while in Dutch dismissal law the principle of iusta causa dimissionis stipulates that the employer must have reasonable grounds for dismissal. In her research Van Arkel ascertained that both countries have encountered obstacles in seeking a new balance in the context of economic globalisation. In order to be able to reach a new balance, both debates, in the US and the Netherlands, need to undergo a shift in focus, Van Arkel contends.

The current debate in the US centres on the question of whether a standard based on just cause will necessarily lead to cases involving punitive damages. If so, this could result in extremely high damages being awarded. Employers are therefore opposed to “just cause legislation.” In the Netherlands the question is whether the dual dismissal system should be abolished in order to make dismissal legislation more flexible. Getting rid of dismissal protection comes upon resistance from employees. A compromise is necessary if a new balance is to be reached between flexible dismissal law on the one hand, and protection from dismissal on the other.

In order to reach this new balance, Van Arkel argues that the initiators in the US of so-called “Restatement of Employment Law” should commence by recognising all the exceptions to the at-will rule in jurisprudence. In the Netherlands, she argues, the dual dismissal system should be maintained, but with a division of tasks between the government and court. The Centre for Work and Income (CWI) would then decide on dismissals concerning business or economic circumstances, while the Court (cantonal judge) would decide on all other dismissals. The reasoning behind this division is that in the current system, both agencies decide on dismissals on both grounds, but make their decisions on the basis of different criteria. This leads to legal insecurity and inequality for both employers and employees. In ten recommendations she further elaborates on how a new balance can be reached between (more) flexible dismissal law for employers, and dismissal protection for employees.

Yvette Nelen | alfa
Further information:
http://www.eur.nl/english/pressroom/releases/2007/february/vanarkel

More articles from Business and Finance:

nachricht How Strong Brands Translate into Money
15.11.2016 | Kühne Logistics University - Wissenschaftliche Hochschule für Logistik und Unternehmensführung

nachricht Demographic change depresses tax revenues
04.11.2016 | Fraunhofer-Institut für Angewandte Informationstechnik FIT

All articles from Business and Finance >>>

The most recent press releases about innovation >>>

Die letzten 5 Focus-News des innovations-reports im Überblick:

Im Focus: Traffic jam in empty space

New success for Konstanz physicists in studying the quantum vacuum

An important step towards a completely new experimental access to quantum physics has been made at University of Konstanz. The team of scientists headed by...

Im Focus: How gut bacteria can make us ill

HZI researchers decipher infection mechanisms of Yersinia and immune responses of the host

Yersiniae cause severe intestinal infections. Studies using Yersinia pseudotuberculosis as a model organism aim to elucidate the infection mechanisms of these...

Im Focus: Interfacial Superconductivity: Magnetic and superconducting order revealed simultaneously

Researchers from the University of Hamburg in Germany, in collaboration with colleagues from the University of Aarhus in Denmark, have synthesized a new superconducting material by growing a few layers of an antiferromagnetic transition-metal chalcogenide on a bismuth-based topological insulator, both being non-superconducting materials.

While superconductivity and magnetism are generally believed to be mutually exclusive, surprisingly, in this new material, superconducting correlations...

Im Focus: Studying fundamental particles in materials

Laser-driving of semimetals allows creating novel quasiparticle states within condensed matter systems and switching between different states on ultrafast time scales

Studying properties of fundamental particles in condensed matter systems is a promising approach to quantum field theory. Quasiparticles offer the opportunity...

Im Focus: Designing Architecture with Solar Building Envelopes

Among the general public, solar thermal energy is currently associated with dark blue, rectangular collectors on building roofs. Technologies are needed for aesthetically high quality architecture which offer the architect more room for manoeuvre when it comes to low- and plus-energy buildings. With the “ArKol” project, researchers at Fraunhofer ISE together with partners are currently developing two façade collectors for solar thermal energy generation, which permit a high degree of design flexibility: a strip collector for opaque façade sections and a solar thermal blind for transparent sections. The current state of the two developments will be presented at the BAU 2017 trade fair.

As part of the “ArKol – development of architecturally highly integrated façade collectors with heat pipes” project, Fraunhofer ISE together with its partners...

All Focus news of the innovation-report >>>

Anzeige

Anzeige

Event News

Sustainable Water use in Agriculture in Eastern Europe and Central Asia

19.01.2017 | Event News

12V, 48V, high-voltage – trends in E/E automotive architecture

10.01.2017 | Event News

2nd Conference on Non-Textual Information on 10 and 11 May 2017 in Hannover

09.01.2017 | Event News

 
Latest News

Helmholtz International Fellow Award for Sarah Amalia Teichmann

20.01.2017 | Awards Funding

An innovative high-performance material: biofibers made from green lacewing silk

20.01.2017 | Materials Sciences

Ion treatments for cardiac arrhythmia — Non-invasive alternative to catheter-based surgery

20.01.2017 | Life Sciences

VideoLinks
B2B-VideoLinks
More VideoLinks >>>