Managing director and works council: how to achieve effective cooperation?
Managing director and works council: how to achieve effective cooperation? The works council is an important body within the organisation. ...
Director and works council: how to achieve effective cooperation?
The works council is an important body within the organisation. They represent their members and have the necessary powers to do so, such as the right to consent and the right of advice. Effective cooperation makes it easier to implement important decisions within your organisation and ensures that those decisions are also supported within your organisation.
Sick employee does not cooperate in reintegration: employer actions
A reintegration process starts by the employer reporting sick. Earlier, we wrote an article about the steps that should be taken in a reintegration process. But what if the sick employee does not cooperate? Which actions can you take as an employer to get the reintegration process back on track or can the employer fire the sick employee if he does not cooperate?
Can a cash payment made after the bankruptcy date be reclaimed?
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?
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.
Qualification of the employment relationship: management agreement or employment contract?
The qualification of an employment relationship is of great importance. It determines which rights and obligations the parties have towards each other. The relationship between employer and employee is very different from the relationship between client and contractor. If possible, it is wise to make as clear as possible an agreement about the relationship. This prevents problems in the future. But what if the parties have a different opinion about the qualification of the employment relationship?
Non-competition clause for commissioned workers and the prohibition on obstructing competition
In the assignment contract between the client and the contractor, a non-competition clause can be agreed - just as with employers and employees - so that the client can protect its business interests when the relationship with the contractor ends.
No-risk policy: points of attention for employers
In this article we discuss the so-called 'no-risk policy' and points of attention for employers who employ personnel with a no-risk policy. We discuss what the policy entails and what this means for the reintegration obligations when the employee becomes disabled.
Right to consent of Works Council: what to do in case of refusal by Works Council (WC)?
A works council WC has a right to consent with regard to proposed decisions to adopt, amend or repeal a regulation pursuant to Section 27 of the WOR. But what if the Works Council refuses to give its consent to the implementation of the resolution? Is that reasonable, or do the interests of the employer outweigh the interests? And what can the entrepreneur do?
Actions against non-competition agreements
Many employees have a non-compete agreement, and many employers come into contact with potential employees who have a non-compete agreement. The question that then arises is, can the employee join a new company? Or in other words, is the non-competition clause legally valid, can the current employer successfully invoke the clause, or can the non-competition clause perhaps be (partially) voided?
