De verdeelde werknemer als sociaal-juridisch vraagstuk

Abstract

Employees share the same interests in a number of situations. This observation does not at present apply to Dutch labor law. Employees with an open-ended contract enjoy the benefits of dismissal protection, but at the expense of those who work on the basis of a fixed-term contract. The recently passed Bill Wet werk en zekerheid (“The Work and Security Act”) does not alter this state of affairs. The changes made in the chain provision have even led to an increase in the division between the two groups. A main reason why the original proposal to make the labor market more flexible was not adopted is that those who have realized the Social Agreement 2013 would not accept it; the interests of employees with an open-ended contract in particular have been take into consideration. The interests of all parties are only respected if the present, rigid system of dismissal is exchanged for a viable alternative.