admin, auteur op LVH advocaten Rotterdam

Practical legal tips on the applicability of General Terms and Conditions of Trade

admin2023-02-13T14:34:43+00:00July 6, 2020|enterprise and business, international, news, posts, specialist areas|

Are you sometimes confronted with the situation where your business enterprise has contracted with another business and your business enterprise has sent an offer to the other party you’re your General Terms and Conditions and the other party has accepted your order by return stating that that their General Terms and Conditions apply? The question is which General Terms and Conditions apply here. This is what is called a “battle of forms”.

Government support agreement 2.0 for tenants and landlords in the retail sector

admin2020-06-09T17:01:46+00:00June 9, 2020|Food, Horeca en retail, news, posts|

Following the agreement reached in April 2020 (link) between the real estate and retail sectors on rent suspension for retailers due to the consequences of the corona crisis, there is now a support agreement 2.0.

Reorganisation and dismissal in NOW scheme: what is allowed and what is not?

admin2020-04-30T11:01:44+00:00April 30, 2020|employees, news, posts, specialist areas|

In a recent article we discussed the Temporary Emergency Measure Bridging Employment (NOW). The subsidy from this scheme comes with obligations for employers. If these obligations are not (fully) met, a sanction may be imposed. This article looks at the question whether you can still lay off employees during the granting of the NOW subsidy and whether you can reorganise.

Pratical Legal Corona Tips: How can your business enterprise conduct its formal meetings that require physical presence by law or deed?

admin2020-04-21T10:48:19+00:00April 21, 2020|international, international, news, posts|

Under the Dutch Civil Code (DCC), there are many requirements on how to convene certain general meetings of business enterprises. The one that causes the biggest obstacle is the fact that the DCC requires in some instances that such general meetings require the physical presence of the parties concerned. And this may not be possible or practicable during the period of the “intelligent” lock-down imposed by the Dutch Government.

A proactive absenteeism policy; a precondition for sustainable employability

admin2020-04-20T10:04:54+00:00April 20, 2020|employees, news, posts, specialist areas|

When an employee reports sickness, an employer must be alert. Does the employee need support? Is it short-term or long-term absenteeism? And how is reintegration handled? Perhaps outside their own company?

Support agreement for and by the Dutch retail sector on rental obligations during the corona crisis

admin2020-04-16T16:32:46+00:00April 16, 2020|commercial property and investment, enterprise and real estate, international, international, news, posts, specialist areas|

On Friday 10 April, an agreement was reached between the property and retail sectors on rent suspension for retailers due to the consequences of the corona crisis. Parties involved are IVBN, INretail, Vastgoed Belang, Detailhandel Nederland, EZK, NVB and VGO. The starting point is that the financial pain resulting from the corona crisis must be shared between retailers (and their shareholders), landlords, banks and the government. The support agreement provides guidelines for the short and long term.

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