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.
Summons Dismissal: Requirements and Recent Rulings
Many employers are occasionally confronted with an employee whom - in view of the seriousness of the conduct - they wish to part with immediately, i.e. dismiss summarily. But is this really possible? In this article, we will discuss the requirements for summary dismissal and three recent decisions by subdistrict courts that have ruled on summary dismissal.
IATA Travel Pass: ins and outs
International air traffic has been (partially) stopped for quite some time now. The corona crisis has had an enormous impact on the aviation industry. Restarting air traffic brings with it the necessary challenges in terms of information supply to passengers, the requirements of various governments, but also the requirements for airports and airlines.
Do airlines have to compensate passengers financially in case of a strike?
The rights of air passengers in case of delay, cancellation or denied boarding are regulated by EU Regulation 261/2004. The Regulation entitles passengers in certain cases to standardized financial compensation of €250, €400 or €600 depending on the flight distance.
Assessment of employment relationships and the DBA Act: Employee or self-employed person?
A widely used employment relationship is the ZZP construction. This employment relationship has a number of advantages for entrepreneurs and it is a good alternative to temporary work and (temporary) employment contracts. It is therefore a subject that has been the subject of much debate in recent years, more specifically, when is there an agreement for services or an employment contract?
Consequences of Brexit for aviation: a brief overview
This article briefly discusses the consequences of Brexit for the aviation industry. On January 31, 2020, the United Kingdom officially left the European Union (EU). From that moment, a transition period started during which the United Kingdom continued to apply European law. In the meantime, negotiations for a Trade and Cooperation Agreement (TDA) took place.
Right to compensation Regulation 261/2004 in case of multiple flight delay circumstances?
Airlines are subjected daily to various circumstances that may lead to a delay or cancellation of the scheduled flight. However, such disruption does not always lead to the obligation to pay compensation to passengers. In case of extraordinary circumstances that could not have been avoided even by taking all reasonable measures, no compensation is due.
Liability for damage to an aircraft
When transporting cargo or passengers, airlines are faced with several conditions that can cause damage to their aircraft. This damage occurs in most cases when the aircraft is still on the ground. When parked, leaving the gate or taxiing to the runway. But who is liable for this damage and what does an airline have to pay for itself?
No forced takeover of Corendon due to Covid-19
On the 7th of December 2020, the Court of Amsterdam dismissed the claim relating to the takeover of tour operator Corendon in an interim injunction.
Dutch employment law: dismissal procedure and severance pay
Almost every company employs personnel and therefore has to deal with the relatively complex system of Dutch employment law. Hiring and hiring personnel is relatively simple. Dismissal, on the other hand, can be complex and in certain cases impossible or expensive. In many cases, it can therefore be advantageous to agree on termination of employment by mutual consent.
Practical legal tips on the applicability of General Terms and Conditions of Trade
Are you sometimes confronted with the situation where your business enterprise has contracted with another business and your business enterprise has sent an offer to the other party you’re your General Terms and Conditions and the other party has accepted your order by return stating that that their General Terms and Conditions apply? The question is which General Terms and Conditions apply here. This is what is called a “battle of forms”.
Government support agreement 2.0 for tenants and landlords in the retail sector
Following the agreement reached in April 2020 (link) between the real estate and retail sectors on rent suspension for retailers due to the consequences of the corona crisis, there is now a support agreement 2.0.
Reorganisation and dismissal in NOW scheme: what is allowed and what is not?
In a recent article we discussed the Temporary Emergency Measure Bridging Employment (NOW). The subsidy from this scheme comes with obligations for employers. If these obligations are not (fully) met, a sanction may be imposed. This article looks at the question whether you can still lay off employees during the granting of the NOW subsidy and whether you can reorganise.
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