Articles
Our articles on this page discuss relevant issues and recent developments. If you are looking for a specific topic, please use the search function or filter.
No-risk policy: points of attention for employers
In this article we discuss the so-called 'no-risk policy' and points of attention for employers who employ personnel with a no-risk policy. We discuss what the policy entails and what this means for the reintegration obligations when the employee becomes disabled.
Right to consent of Works Council: what to do in case of refusal by Works Council (WC)?
A works council WC has a right to consent with regard to proposed decisions to adopt, amend or repeal a regulation pursuant to Section 27 of the WOR. But what if the Works Council refuses to give its consent to the implementation of the resolution? Is that reasonable, or do the interests of the employer outweigh the interests? And what can the entrepreneur do?
Turboliquidation
The government expects that as a result of covid-19, a significant number of entrepreneurs will want to end their business in the short term using the turbo liquidation. The government fears abuse and has drafted a proposal to protect the position of creditors and to increase transparency on this scheme. This proposal has been submitted for consultation.
Disproving the legal presumption concerning director liability in bankruptcy
A director is liable to make good the deficit in the bankruptcy if the board has manifestly mismanaged the company and it is likely that this was a major cause of the bankruptcy.
Temporary lease of business space: what is possible?
In real estate, there are two types of leases for business premises: lease of medium-sized business premises (think of a store or catering establishment) or the lease for other business premises (such as office space). This article explains the options for entering into a short-term lease for the different types of commercial space.
How does a purchase/contracting agreement work in real estate?
What is a purchase/contractor agreement? When parties agree that one of them will provide a piece of land and construct or finish a building on it for a fee, there is a contract for the purchase of the land on the one hand and a contract for work on the other hand with regard to the building. The part relating to the purchase of the land is governed by the legal rules of sale. On the part that relates to contracting work (building and delivery), the rules of contracting work apply. Therefore, it does not make much difference in practice whether one speaks of two linked contracts (purchase and contracting) or of one compound contract to which the rules for purchase and the rules for contracting apply in part.
What are the rights, obligations and liabilities of contractors and principals in contracting work?
A construction assignment to a contractor is considered a contract for work. This is an agreement whereby the contractor, on the instructions of the client - outside of employment - realizes and delivers a work of material nature. The legal relationship between the client and the contractor is - unless otherwise agreed - governed by the statutory rules for contracting work.
What are the rights, obligations and liabilities of clients and consultants in the commission agreement in a construction process?
At the start of a construction project, a client will often engage an architect, engineer or consultant to help him with the design (hereafter: 'consultant'). The legal relationship between the client and his consultant is - if nothing else has been agreed - governed by the legal rules for the commission contract. These legal rules can be found in the first section of title 7.7 of the Dutch Civil Code (art. 7:400 ff. of the Civil Code). The summary statutory regulation has a general and open character and is largely of a regulatory nature. It is therefore common for parties to make further agreements.
Practical legal tips on International Contracts for the Sale of Goods
When you are trading with an international party, it may well be that the UN Convention on contracts for the International Sale of Goods (CISG) is also applicable to the contract. Currently 97 countries are a member of this CISG, so there is a realistic chance that this CISG is also applicable to your contract of sale.
The statutory regulation of conflicting interests in a B.V. (and the foundation and association)
Since 2013, the private limited liability company has a statutory regulation with Article 2:239 (6) of the Dutch Civil Code for the situation where one or more directors have a direct or indirect personal interest that conflicts with the interest of the company and its affiliated business.
Actions against non-competition agreements
Many employees have a non-compete agreement, and many employers come into contact with potential employees who have a non-compete agreement. The question that then arises is, can the employee join a new company? Or in other words, is the non-competition clause legally valid, can the current employer successfully invoke the clause, or can the non-competition clause perhaps be (partially) voided?
Requirements for CO2 reduction in state aid to KLM?
An important topic in aviation is the reduction of CO2 emmission. Aircraft burn kerosene and therefore emit CO2. Recently, the preliminary relief judge of the District Court of The Hague issued a judgment in the context of CO2 reduction by the Dutch airline KLM and the state aid that KLM received due to the corona pandemic. What conditions for CO2 reduction can be attached to that state aid?
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