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.
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.
The wage guarantee scheme: continued payment of wages in the event of the employer’s bankruptcy
The Unemployment Insurance Act includes a scheme that entitles employees to payment in the event of payment problems on the part of the employer. The regulation is also called the wage guarantee regulation. It also regulates which benefits an employee can claim in case of bankruptcy of the employer. In this article I will discuss the main provisions of the wage guarantee scheme that apply in the event of bankruptcy and I will go into a recent judgment of the Supreme Court on this subject.
Prejudgment attachment: what is it and how does it work?
You may have seen the term "prejudgment attachment" pass by. In this article we will explain what prejudgment attachment is and how the process of prejudgment attachment works.
Use of a contiguous site in violation of the zoning rules
Old buildings are increasingly getting a new function. An old school building becomes a restaurant in retro style, a dilapidated mansion revives as a hotel and an abandoned office building gets e and new life as a student complex.
(Written) assignment agreement: in good faith or well regulated?
Entrepreneurs like to work together "in good faith." In other words, agreements are made verbally and the parties immediately start working together. That's great, after all we want to get to work quickly and deal with legal matters as little as possible.
The penalty clause: where and when?
A penalty clause is a clause in a contract which states that a party must pay a penalty if it fails to fulfil a contractual obligation. Penalty clauses come in all shapes and sizes and can often be recognised simply by the word 'penalty'.
Request for debt restructuring and Corona: the tax collector thinks along
Until further notice, the Tax Authorities will approach requests for restructuring of tax debts with a flexible attitude. This applies in particular to requests from entrepreneurs whose businesses are fundamentally sound and who have been affected by the Corona crisis. For these entrepreneurs, the generous corona deferral policy may prove to be of no avail.
The end of the Wob and the arrival of the Woo in a nutshell
As of May 1, 2022, the era of the Open Government Act ("Wob") has come to an end. After years of serving as the legislative framework for the right to government information, the Wob has been replaced as of May 1, 2022 by a new law, which entered into force under the name of the Open Government Act ('Woo').
Deferral of tax payment during corona
Deferral of tax payment during corona During the corona crisis, the Emergency Measures Corona Crisis Decree included conditions under which a deferral of payment could be requested from the Tax Administration. In order to qualify for this scheme, the entrepreneur had to meet these conditions. One of these conditions is that no dividend may be paid at the time of the deferral. In addition, no bonuses may be paid. As of April 1, 2022, all new payment obligations must be ...
Compulsory education and study-cost clause: all points of attention for employers
As an employer, you like to keep your employees' knowledge up to date. This is important for the sustainable employability of your personnel and it can create more productivity within the organisation. Thus, a win-win situation.
Bonus employees: how to create a good bonus scheme as an employer?
The bonus is a nice incentive for employees that you can use as an employer. But you have to be careful. The bonus scheme can be risky if it is not put down on paper correctly. As an employer, you then face the question: is the employee entitled to the bonus and how high is it? Obviously, you do not want to have that discussion with your employees. In this article, we discuss how you, as an employer, can draw up a good bonus scheme.
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