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.
Suspension of employee; when and for how long?
Today, the summary proceedings in which Tom Egbers is demanding the lifting of his suspension by NOS after a year take place. The questions that come into play here are: when can you suspend an employee and isn't a year of suspension far too long?
Scope of collective bargaining: which collective bargaining agreement do I fall under as an employer?
In a previous article, we wrote about the importance of a scope study and avoiding a financial noose. This time, it is the online supermarkets Picnic, Flink, Gorillas, Getir and Hofweb that are facing the collective bargaining agreement Food Industry. In this article, we discuss the judgment of the Central Netherlands District Court dated February 28, 2024, as well as discuss the importance of a scope study.
Temporary law on transparency turboliquidation
The Temporary Act on Transparency Turboliquidation came into force on 15 November 2023. The consequences of this law and the additional conditions that must be met have been written about before (see, for example, the article from 22 March 2023). Despite the increased requirements, turbo liquidation is still a good tool for winding up companies with no operations and assets after 15 November 2023.
Indexation of rent by 14.5% in 2023 not unreasonable
Many lessees of commercial space faced indexation of the rent according to the consumer price index (CPI) by a percentage of 14.5% in 2023. Several tenants of commercial space disagreed, and there have since been court cases about this. From the court rulings, the view emerges that indexation of the rent in 2023 by 14.5% is not unreasonable.
Ground rent due during bankruptcy is not an estate debt
Recently, the Supreme Court issued a ruling on the question of whether a ground lease rent that became due after the date of bankruptcy is an estate debt. In this article, I first explain what estate debts are and the relevance of the question answered by the Supreme Court for practice. I then discuss the judgment.
The importance of a scope review: avoid a financial noose
Recently, the Hague Court of Appeal ruled that Booking.com must join the industry pension fund for the travel industry. The company opposed this because it sees itself as an Internet company. The financial consequences for Booking.com are huge: The parent company estimates that the ruling will lead to an additional cost of 405 million euros.
International trade: the Vienna Sales Convention
There is constant trading between business parties. Products are bought and delivered to be used, processed or, for example, resold. More than once these trading relationships cross the border of the Netherlands or even Europe. To prevent all kinds of different legal rules from applying in these trading relationships, there is the UN Convention on the International Sales of Goods (CISG), or the Vienna Sales Convention ("the Convention"). This Convention provides rules for international sale of goods.
End of an addicted employee’s employment contract?
Abuse of alcohol or drugs can lead to major problems in the workplace. Think of unsafe situations, dysfunction and regular and/or long-term disability. The employer sometimes wants to unilaterally terminate the employment contract in such a situation. What are the possibilities.
Testing an employee for alcohol or drugs: allowed or not?
The AVG states that testing employees for substance use is not allowed. According to the Personal Data Authority, it is only permissible to have employees undergo alcohol and/or drug testing if there is a legal basis for doing so.
Dismissal of statutory director: reasonable grounds for dismissal?
The dismissal of a statutory director occupies a special position within labor law. For example, the protection against dismissal that a director under the articles of association has is designed differently from normal employees. It is no different in that there must be reasonable grounds for a legally valid dismissal. The absence of reasonable grounds can cost the employer dearly.
The importance of the notice of default
Almost every entrepreneur has to deal with it at some point; a counterparty who does not fulfill his/her agreements. In this article Gentia Niesert, attorney at contract law, explains how you can act towards your counterparty in such a situation and what the importance of a notice of default can be.
May you offset a negative leave balance?
May you set off excess vacation days against salary without consulting your employee?
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