Employment contract termination rejected where employee failed to prove medical impossibility of shift work change.
Netherlands (NL)
Legislator summary
AI generatedThe court dismissed the employee's request to terminate his employment contract due to significant reasons under Article 7:685 of the Civil Code. The employee argued that a reorganization requiring him to work in a three-shift schedule was medically impossible for him, while the employer claimed the offer was reasonable and the employee refused to return to day shifts. The judge rejected the claim because the expert report showed medication side effects were mild and the employee did not prove the shift change constituted a fundamental alteration of circumstances justifying immediate termination.
Legislator headnote
AI generatedArticle 7:685 of the Civil Code; An employment contract may be terminated for significant reasons only if the employee proves that a change in working conditions, such as a shift schedule, renders the contract unworkable due to medical reasons, which requires demonstrating that the proposed adjustment is medically impossible and that reasonable reintegration efforts were exhausted.