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Bonus employees: how to create a good bonus scheme as an employer?

Claudia Rondberg2025-03-07T13:29:42+00:00March 14, 2022|employees, posts|

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.

Does the WHOA apply to claims by industry pension funds for pension premium arrears?

Jeanine Vlot2022-03-07T16:27:08+00:00March 7, 2022|companies in financial distress, posts|

The Supreme Court recently issued a ruling on the question of whether the Homologation Underhand Agreement Act (WHOA) applies to claims by industry pension funds for pension premium arrears. The question was answered in the negative. This article discusses the judgment.

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

Dominique Dorsman2025-03-07T13:33:53+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.

Managing director and works council: how to achieve effective cooperation?

Claudia Rondberg2025-03-07T13:37:21+00:00March 1, 2022|employees, posts|

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?

Claudia Rondberg2022-03-01T11:27:19+00:00March 1, 2022|employees, news, posts|

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

Claudia Rondberg2025-03-07T13:39:37+00:00February 21, 2022|employees, posts|

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?

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 Dorsman2025-03-07T13:41:33+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 Dorsman2025-03-07T13:45:41+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.

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