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.
Qualifying employment contract: employee or not after all?
With the Deliveroo judgment of March 2023, the Supreme Court has once again given the practice more clarity on the qualification of the employment contract. Since that ruling, of course, various case law has again been rendered on whether there is an employment contract or yet another type of contract.
Commercial contracts: ‘the assignment contract’ (series 5/5)
In this final article of the 'Commercial Contracts' series, Gentia Niesert, attorney at contract law, discusses the ins and out of 'the assignment agreement’. How does it differ from the building contract and the employment contract, and what provisions do you find in an assignment agreement?
A dynamic incorporation clause remains in place during a transfer of an enterprise
A dynamic incorporation clause relating to a collective bargaining agreement is an agreement in the employment contract whereby the provisions of a collective bargaining agreement, as they will read from time to time (hence the term dynamic), are declared applicable to the employment relationship.
Seizure of a ship: an odd duck in the crowd
Ships are an unmistakable part of the Rotterdam landscape. Even 'our' view from the World Port Center is a daily reminder that Rotterdam is a true port city. In this article, we discuss the attachment of ships.
What possibilities are there for (interim) adjustment of the rent of medium-sized business premises
Leases for shops, catering establishments, takeaway or delivery services and crafts businesses are called medium business premises leases. Specific legal provisions apply to these types of leases, the basic principle being a high degree of protection for the tenant. One of these rules concerns the legal system of rent adjustment. This article explains which possibilities there are to adjust the rent of medium-sized business premises outside the statutory system.
Bill to lift pledge bans
On June 11, 2024, the House of Representatives adopted the Bill to Remove Pledge Prohibitions. As a result of the proposed regulation, it will no longer be possible to agree that receivables cannot be transferred or pledged. This article explains the proposed regulation.
The Environment Act & Damage Compensation A new regime & terminology
From 1 January 2024, the Environment Act will come into force. With its entry into force, it has been said that the biggest legislative operation has been completed since the introduction of the Dutch Constitution in 1848.
Sick employees; Reintegration second track in SMEs
Suppose your employee has been sick for almost a year. He holds a defining position within your company. You therefore want to appoint a replacement, because it looks like the sick employee will not be able to return to his original position. Is this allowed?
Employee termination: ‘We are going to quit’, clear and unambiguous?
It is more common than thought: an employee terminating their job in an emotional state. This termination may obviously be due to a conflict or discussion at work (e.g. about reintegration). It may also be that the employee feels pressured by his employer to quit.
Bankruptcy Transfer of Undertaking Act (Wovof)
On 27 May 2024, the Transfer of Undertaking in Bankruptcy Act (Wovof) was submitted for consultation. All stakeholders will have the opportunity to respond to the bill until 22 July 2024. Thisis a follow-up to the earlier consultation in 2019. What is the purpose of this new legal regulation?
Deficiencies in participation
The Enterprise Chamber ruled in a case of a company takeover via a leveraged buyout that the management of the company had acted negligently (partly) due to defects in the co-determination process. The careless conduct was classified as mismanagement, because it violated the elementary principles of proper entrepreneurship.
Forfeited penalty payment can serve as a support claim
A creditor can proceed to file for the bankruptcy of a debtor. To do this, an application must be filed with the court. To do so successfully, hoForfeited penalty payment can serve as a support claim weaver, the creditor must make it plausible that the debtor is in a state of cessation of payments
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