Dominique Dorsman, auteur op LVH advocaten Rotterdam

The wage guarantee scheme: continued payment of wages in the event of the employer’s bankruptcy

Dominique Dorsman2022-06-28T07:24:52+00:00June 27, 2022|companies in financial distress, employees, posts|

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.

The penalty clause: where and when?

Dominique Dorsman2023-02-13T14:37:37+00:00May 19, 2022|conflicts, enterprise and business, posts|

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

Dominique Dorsman2023-02-13T14:39:08+00:00May 12, 2022|companies in financial distress, enterprise and business, enterprise and government, posts|

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.

Closure of houses in case of drug discoveries

Dominique Dorsman2023-02-13T14:39:38+00:00April 8, 2022|enterprise and government, posts|

Is the door of Damocles unlocked? New developments in case law indicate that homes can be closed down less quickly due to the discovery of prohibited substances.

Compulsory education and study-cost clause: all points of attention for employers

Dominique Dorsman2022-04-12T15:46:22+00:00March 28, 2022|employees, posts|

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.

Amend model employment contract in 2022? Implementation of EU Directive on transparent and predictable terms of employment

Dominique Dorsman2022-03-07T16:44:36+00:00March 3, 2022|employees, posts|

In June 2019, the European Parliament adopted a Directive on transparent and predictable working conditions. The Directive grants new rights to employees and this thus affects employees' employment contracts, as well as any employment conditions regulations. This may lead to employers having to change their (model) employment contracts and employment conditions regulations in 2022.

The position of the SME entrepreneur as a creditor in a WHOA arrangement

Dominique Dorsman2022-02-22T08:41:47+00:00February 17, 2022|posts|

On 1 January 2021, the Homologation Underhand Arrangement Act (WHOA) entered into force. This law introduced a new restructuring instrument. Its purpose is to prevent companies from being declared bankrupt while they are still (partially) viable. The statutory scheme includes a minimum protection for (smaller) SMEs. This is also referred to as the 20% rule. In this article I will explain the position of the SME as a creditor in a WHOA settlement.

Can a cash payment made after the bankruptcy date be reclaimed?

Dominique Dorsman2022-02-22T08:53:45+00:00February 17, 2022|companies in financial distress, employees, news, posts|

Recently, the Supreme Court issued an interesting judgment involving two important principles of bankruptcy law, namely the principle of fixation and the principle of paritas creditorum. The case concerned a situation in which, after the bankruptcy date, a cash payment was made from the bankrupt's bank account to a creditor. The central question was whether the trustee could recover the payment from the creditor. This article discusses the case, the relevant principles and the Supreme Court's opinion.

Surveillance in the (home) workplace: what is an employer allowed?

Dominique Dorsman2022-02-22T15:42:20+00:00February 10, 2022|employees, posts|

Previously we wrote an article about the rules for camera surveillance in the workplace. The need for employer monitoring exceeds - partly in view of the corona pandemic - the mere checking of the workplace with cameras. Employers also have a need to monitor employees' browsing habits, as well as the emails they send. And, of course, they want to prevent employees from spending hours Internet shopping and watching TV at the home workplace during working hours. But isn't monitoring this a violation of the employee's privacy, especially at the home workplace? In this article, we address that question. Is an employer allowed to use monitoring tools and what rules must the employer abide by during a monitoring. To form a clear picture, we will also discuss case law.

Sexual transgressive behavior in the workplace: is it seriously culpable?

Dominique Dorsman2022-02-21T13:58:00+00:00February 7, 2022|posts|

Sexual transgressive behavior in the workplace unfortunately occurs regularly. As an employer, you would think that this is an irrefutable reason for dismissal and that the behavior is seriously culpable, so that no transitional compensation is owed to the employee and the employee cannot claim unemployment benefits. However, practice is more recalcitrant.

Dominique

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