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    The Dutch Labour Inspectorate, that is allotted with the task of supervising the Dutch Working Conditions Legislation, is one of the public bodies currently envisaged by the Dutch government for a reduction in staff. Also, the Inspectorate is being amalgamated with two other supervising bodies under the responsibility of the minister of Social Affairs. This article analyses whether these developments are in line with international labour law (notably ILO convention 81, the Labour Inspection Convention 1947). It is asserted that both the reduction in staff and the reorganisation constitute a breach of ILO Convention 81. Instead of reducing the number of inspectors, the number should in fact be doubled to meet the ILO Standard in this respect. Also, the Inspectorate should be given the means to further build its expertise (notably in the field of occupational diseases and emerging risks). Furthermore, the independence from politically motivated policies should be strenghtened.


Dr. Jan Popma

    In the Netherlands, the legal consequences of a transfer of undertaking are especially unclear - or even: unreasonable - in the case of collective labour agreements. At the current state of affairs, employers will be bound by rights and obligations contained in those agreements even after the agreement itself has expired. Moreover, employees may, under certain circumstances, pick their labour conditions from different collective agreements and pick the most favourable ones (cherry picking). The author seeks to find a solution to these and other problems relating to the transfer of collective labour agreements.


Ronald Mr. Beltzer
R.M. Beltzer is UHD arbeidsrecht en socialezekerheidsrecht aan de UvA.

    In this article, I will plead two 'new' proceedings against an inferior permission to terminate employment: (1) an appeal to the nullity of the permission to terminate employment and (2) an appeal to the nullity of the withdrawal. These procedures offer the employee an adequate remedy in the light of article 6 ECHR, in contrast with the claims for unfair dismissal (in Dutch: kennelijk onredelijk ontslag) and wrongful government act.


mr. Vivian mrs. Bij de Vaate

Ellen Hey

Andria Naudé Fourie

Daniel D. Bradlow
SARCHI Professor of International Development Law and African Economic Relations, University of Pretoria; Professor of Law, American University Washington College of Law; and Chair, Roster of Experts, Independent Review Mechanism, African Development Bank. The views expressed in this article are his personal views, and should not be attributed to any organisation with which he is affiliated.

Megan S. Chapman
Independent Consultant; B.A. University of Chicago; J.D. American University Washington College of Law. The authors wish to thank Anoush Begoyan, Andria Naude Fourie, Werner Kiene, Ellen Hey, David Hunter, Henrik Linders, Per Eldar Sovik, and our anonymous reviewers for comments on various sections and drafts.

Jonas Ebbesson
Professor of environmental law at Stockholm University, and Chairperson of the Aarhus Convention Compliance Committee. The views in this article are those of the author personally and are not intended to represent those of the Aarhus Convention Compliance Committee.

Jeroen Temperman
Assistant Professor of Public International Law, Erasmus University Rotterdam; Erasmus Fellow; and Editor-in-Chief of Religion & Human Rights: An International Journal.

Klaus Heine

Wesley Kaufmann

Arjen van Witteloostuijn

Nathan Betancourt

Barbara Krug
Both authors are affiliated with the Rotterdam School of Management, Erasmus University Rotterdam, PO Box 1738, 3000 DR, Rotterdam, The Netherlands, nbetancourt@rsm.nl, bkrug@rsm.nl.

Christian Kirchner
Professor Dr. iur. Dr. rer. pol. Dr. h.c. Christian Kirchner, LL.M. (Harvard), Humboldt University Berlin, School of Law / School of Business and Economics.

Hans-Jürgen Wagener
Dr. Hans-Jrgen Wagener is Professor emeritus of Europa-Universitt Viadrina at Frankfurt (Oder) and Rijksuniversiteit Groningen. The author is obliged to several commentators and referees for valuable criticism.

Elaine Mak
Associate Professor of Jurisprudence at Erasmus University Rotterdam, Erasmus School of Law. Contact: mak@law.eur.nl. The research for this article was supported by a post-doctoral VENI grant from the Netherlands Organisation for Scientific Research (NWO). I would like to thank Klaus Heine for the opportunity to contribute to this special issue. Thanks are also due to Jan Schnellenbach, who acted as the discussant for an earlier version of this article at the Erasmus Law Review seminar organised in Rotterdam on 23 June 2011, and to the other participants in this seminar. I would further like to thank the anonymous reviewer of this article for useful comments, as well as Kristin Henrard and Chantal Mak. Any mistakes remain my own.

Carel Smith
Senior Lecturer Legal Theory, Leiden University.

Sanne Taekema

Tammo Wallinga
Tammo Wallinga is Senior Lecturer in Legal History at the Erasmus Universiteit Rotterdam and Professor for History of Private Law at the Universiteit Antwerpen.
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