After two years of illness, no further holiday entitlement under a ‘dormant employment contract
The Dordrecht Subdistrict Court has ruled that, in the case of a dormant employment contract, no holiday entitlement accrues after two years of sick leave.
New rules on wage transparency
The EU Pay Transparency Directive and the pay gap in the Netherlands are creating new obligations for employers. The core of the directive is that employers must be more transparent about their remuneration structures and must be able to justify pay differences. The most important change is that the burden of proof is shifting. From now on, employers must demonstrate that they pay equal wages. If they cannot do so, they must explain the difference.
An escape in contractual compensation for temporary workers?
Is there an escape route for companies that want to avoid the contractual fee when taking on temporary workers? Often temporary workers must work a minimum number of hours before they can be taken over by the hirer free of charge. Taking over earlier usually results in a contractual fee. One painting company thought it had found a way to get out from under this fee.
Pitfalls for directors and supervisory directors in a leveraged buyout
In a leveraged buyout, shares are largely acquired with borrowed capital, which entails considerable risks. Directors and supervisory board members must carefully weigh up the pros and cons. Read on to find out how they can tackle these challenges.
Is your personnel handbook up to date?
As an employer, it is important to record all internal rules within your company in a personnel handbook. Even if you only have a few employees, it is important to clarify what you do or do not accept within your company. Therefore, make sure you have a personnel handbook or regulations that includes your terms and conditions of employment and rules of order. This will prevent discussions and problems.
External entrepreneurship is fully taken into account when assessing pseudo self-employment
The Supreme Court has made an important ruling on the employment relationship between Uber and its drivers. This ruling has far-reaching consequences for self-employed people without employees and the question of whether they are truly self-employed or pseudo self-employed.
A declaration of intent; rights and obligations
How binding is a clause in a letter of intent stating that rights and obligations only arise once a signed agreement has been concluded? Not always binding, as it turns out.
Prevent an earn-out from becoming a burn-out
An earn-out can benefit both seller and buyer, but it also carries risks. This article shows how an earn-out arrangement can help with uncertainties surrounding a business sale, but also how it can lead to conflict if there are no clear agreements. Find out how to avoid problems and draft a well-crafted earn-out arrangement to avoid misunderstandings and achieve optimal results for both parties.
Qualifying employment contract: employee or not after all?
With the Deliveroo judgment of March 2023, the Supreme Court has once again given the practice more clarity on the qualification of the employment contract. Since that ruling, of course, various case law has again been rendered on whether there is an employment contract or yet another type of contract.
A dynamic incorporation clause remains in place during a transfer of an enterprise
A dynamic incorporation clause relating to a collective bargaining agreement is an agreement in the employment contract whereby the provisions of a collective bargaining agreement, as they will read from time to time (hence the term dynamic), are declared applicable to the employment relationship.
