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 RWI/ISL-Container Throughput Index ending 2017 on a positive note
24.01.2018 | RWI – Leibniz-Institut für Wirtschaftsforschung

nachricht Uncovering decades of questionable investments
18.01.2018 | University of Texas at Austin, Texas Advanced Computing Center

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: Demonstration of a single molecule piezoelectric effect

Breakthrough provides a new concept of the design of molecular motors, sensors and electricity generators at nanoscale

Researchers from the Institute of Organic Chemistry and Biochemistry of the CAS (IOCB Prague), Institute of Physics of the CAS (IP CAS) and Palacký University...

Im Focus: Hybrid optics bring color imaging using ultrathin metalenses into focus

For photographers and scientists, lenses are lifesavers. They reflect and refract light, making possible the imaging systems that drive discovery through the microscope and preserve history through cameras.

But today's glass-based lenses are bulky and resist miniaturization. Next-generation technologies, such as ultrathin cameras or tiny microscopes, require...

Im Focus: Stem cell divisions in the adult brain seen for the first time

Scientists from the University of Zurich have succeeded for the first time in tracking individual stem cells and their neuronal progeny over months within the intact adult brain. This study sheds light on how new neurons are produced throughout life.

The generation of new nerve cells was once thought to taper off at the end of embryonic development. However, recent research has shown that the adult brain...

Im Focus: Interference as a new method for cooling quantum devices

Theoretical physicists propose to use negative interference to control heat flow in quantum devices. Study published in Physical Review Letters

Quantum computer parts are sensitive and need to be cooled to very low temperatures. Their tiny size makes them particularly susceptible to a temperature...

Im Focus: Autonomous 3D scanner supports individual manufacturing processes

Let’s say the armrest is broken in your vintage car. As things stand, you would need a lot of luck and persistence to find the right spare part. But in the world of Industrie 4.0 and production with batch sizes of one, you can simply scan the armrest and print it out. This is made possible by the first ever 3D scanner capable of working autonomously and in real time. The autonomous scanning system will be on display at the Hannover Messe Preview on February 6 and at the Hannover Messe proper from April 23 to 27, 2018 (Hall 6, Booth A30).

Part of the charm of vintage cars is that they stopped making them long ago, so it is special when you do see one out on the roads. If something breaks or...

All Focus news of the innovation-report >>>

Anzeige

Anzeige

VideoLinks
Industry & Economy
Event News

2nd International Conference on High Temperature Shape Memory Alloys (HTSMAs)

15.02.2018 | Event News

Aachen DC Grid Summit 2018

13.02.2018 | Event News

How Global Climate Policy Can Learn from the Energy Transition

12.02.2018 | Event News

 
Latest News

Fingerprints of quantum entanglement

16.02.2018 | Information Technology

'Living bandages': NUST MISIS scientists develop biocompatible anti-burn nanofibers

16.02.2018 | Health and Medicine

Hubble sees Neptune's mysterious shrinking storm

16.02.2018 | Physics and Astronomy

VideoLinks
Science & Research
Overview of more VideoLinks >>>