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.
Work-at-home policies and the role of the works council
Since the beginning of the corona crisis, hybrid working has been the norm. The number of corona infections is slowly increasing again. It is not inconceivable that some companies will soon again require their employees to work wholly or partially from home.
Everything you need to know about a unilateral modification clause
There may be reasons for you as an employer to unilaterally amend certain terms and conditions of employment if you are unable to reach an agreement with the employee(s). For example, to adjust the travel allowance because employees are working from home more often since the corona crisis.
Part-time layoffs and secondment as solution to energy crisis
Bankruptcies are slowly increasing again as a result of the energy crisis, high inflation and the cessation (and repayment) of government support measures. Retail, agrifood and business services are particularly hard hit. Entrepreneurs in these sectors should anticipate even worse business times. In that context, when part of the turnover is lost, two alternatives to a (final) reorganization can be considered, namely part-time dismissal and secondment.
Is a right of usufruct on claims a meaningful alternative?
Is a right of usufruct on claims a meaningful alternative? A right of usufruct gives the right to use goods belonging to another person and enjoy the fruits thereof. The Supreme Court recently handed down a judgment on the question whether a usufruct on receivables can serve to appropriate what has been collected. The case involved claims relating to rent payments. The Supreme Court is of the opinion that this is not possible. After all, that would be tantamount to ...
How do I substantiate the need for reorganisation?
Support measures have stopped and energy crisis and high inflation are putting many entrepreneurs in financial trouble (again). Starting to reorganise on time can then be a 'must'. But how do you substantiate the need for reorganisation?
Hidden defects: what to look out for?
It happens to almost everyone; you buy a product, car, house, machine, boat or appliance where at first glance nothing seems wrong, but later it turns out that there is a 'hidden defect' to the purchased product. The question is then who is liable. In this article I give examples of hidden defects, explain what the obligations of the buyer and seller are and what one should pay attention to.
How final is the final discharge in termination agreements?
If employer and employee wish to terminate an employment contract by mutual agreement, they sign a termination agreement. A termination agreement often includes a final discharge clause. A final discharge clause ensures that parties do not have to renegotiate rights and compensation after the execution of the termination agreement. But how final is the final discharge clause in a termination agreement?
The summary proceedings in brief
In my previous article, "Receiving a Subpoena? Five points of interest' I discussed five points of interest for studying a subpoena. Among other things, I mentioned that one can be summoned in summary proceedings. In this article, I will take a closer look at "summary proceedings," also known as "emergency proceedings.
Termination of banking relationship by bank
It is increasingly common for banks to terminate a relationship with a customer - sometimes dating back many years. Such termination of a banking relationship can have serious consequences for a business owner. Can a bank terminate a credit relationship? When is it allowed and when is it not? Below is a brief explanation of the background to such termination and the rights and obligations of banks and account holders.
Received a subpoena? Five points of attention
Have you received a subpoena from the bailiff and are you wondering what to pay attention to when studying the subpoena? In this article, we will give you five tips for studying a summons. You can infer a lot from a summons, such as by what date you must respond to the summons, what happens if you don't respond, and whether or not you are required to be assisted by a lawyer.
When are the costs of additional work to be borne by the client in the case of contract work?
In a building contract between a contractor and a principal a contract price is usually agreed upon. It often happens that the principal wishes all kinds of changes or additions to the work during the execution. This is then extra work. But are the costs of this extra work for the account of the contractor or the principal?
Reduction of amount for which the director is liable
A director is liable under article 2:248 paragraph 1 of the Dutch Civil Code (BW) to make good the deficit in the bankruptcy if the board has manifestly mismanaged its duties and it is plausible that this was a major cause of the bankruptcy. Based on paragraph 4 of this article of law, the court can mitigate the amount for which the director is liable under certain circumstances.
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