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.
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?
Reopening liquidation after turboliquidation
If the business activities of a legal entity are discontinued, it must be considered how the legal entity will be wound up. If there are no more assets at all, a turboliquidation can take place. This is dissolution without the appointment of a liquidator. The legal entity then ceases to exist immediately. A resolution for dissolution is passed and the board notifies the Commercial Register of the end of the legal entity's existence.
Covenant on ancillary activities; greater clarity desired
Since August 1 of this year, the law (Section 7:653a of the Civil Code) has provided that the employment contract may no longer contain a prohibition on ancillary activities ("ancillary activities clause") unless there is an "objective reason for doing so. This means work in addition to the current position with the employer. This may also include work that the employee performs independently.
The pilot’s employment contract: points of interest and details for airlines
For most employees, it can be determined with some ease whether they have an employment contract and what law applies to that employment contract. Pilots, on the other hand, occupy a special position within labor law because of the international elements that tend to fester.
Suspension and annulment of non-competition and non-solicitation clause: the balancing of interests
A non-competition clause can be challenged by employees if the clause unfairly disadvantages the employee. But how should an employer defend against this? In this article, on the basis of a concrete example, a judgment from the Amsterdam Court of Appeal, we examine in more detail the suspension (interlocutory proceedings) and nullification (proceedings on the merits) of a non-competition and non-solicitation clause and the balancing of interests that takes place.
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