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 Microtechnology industry is hiring – positive developments of past years continue
09.04.2018 | IVAM Fachverband für Mikrotechnik

nachricht RWI/ISL-Container Throughput Index with minor decline on a high overall level
20.03.2018 | RWI – Leibniz-Institut für Wirtschaftsforschung

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: First diode for magnetic fields

Innsbruck quantum physicists have constructed a diode for magnetic fields and then tested it in the laboratory. The device, developed by the research groups led by the theorist Oriol Romero-Isart and the experimental physicist Gerhard Kirchmair, could open up a number of new applications.

Electric diodes are essential electronic components that conduct electricity in one direction but prevent conduction in the opposite one. They are found at the...

Im Focus: Nonstop Tranport of Cargo in Nanomachines

Max Planck researchers revel the nano-structure of molecular trains and the reason for smooth transport in cellular antennas.

Moving around, sensing the extracellular environment, and signaling to other cells are important for a cell to function properly. Responsible for those tasks...

Im Focus: UNH scientists help provide first-ever views of elusive energy explosion

Researchers at the University of New Hampshire have captured a difficult-to-view singular event involving "magnetic reconnection"--the process by which sparse particles and energy around Earth collide producing a quick but mighty explosion--in the Earth's magnetotail, the magnetic environment that trails behind the planet.

Magnetic reconnection has remained a bit of a mystery to scientists. They know it exists and have documented the effects that the energy explosions can...

Im Focus: A Chip with Blood Vessels

Biochips have been developed at TU Wien (Vienna), on which tissue can be produced and examined. This allows supplying the tissue with different substances in a very controlled way.

Cultivating human cells in the Petri dish is not a big challenge today. Producing artificial tissue, however, permeated by fine blood vessels, is a much more...

Im Focus: A Leap Into Quantum Technology

Faster and secure data communication: This is the goal of a new joint project involving physicists from the University of Würzburg. The German Federal Ministry of Education and Research funds the project with 14.8 million euro.

In our digital world data security and secure communication are becoming more and more important. Quantum communication is a promising approach to achieve...

All Focus news of the innovation-report >>>

Anzeige

Anzeige

VideoLinks
Industry & Economy
Event News

Optical Coherence Tomography: German-Japanese Research Alliance hosted Medical Imaging Conference

19.11.2018 | Event News

“3rd Conference on Laser Polishing – LaP 2018” Attracts International Experts and Users

09.11.2018 | Event News

On the brain’s ability to find the right direction

06.11.2018 | Event News

 
Latest News

Helping to Transport Proteins Inside the Cell

21.11.2018 | Life Sciences

Meta-surface corrects for chromatic aberrations across all kinds of lenses

21.11.2018 | Power and Electrical Engineering

Removing toxic mercury from contaminated water

21.11.2018 | Life Sciences

VideoLinks
Science & Research
Overview of more VideoLinks >>>