May you offset a negative leave balance?
May you set off excess vacation days against salary without consulting your employee?
Reopening liquidation after turboliquidation
If the business activities of a legal entity are discontinued, it must be considered how the legal entity will be wound up. If there are no more assets at all, a turboliquidation can take place. This is dissolution without the appointment of a liquidator. The legal entity then ceases to exist immediately. A resolution for dissolution is passed and the board notifies the Commercial Register of the end of the legal entity's existence.
Covenant on ancillary activities; greater clarity desired
Since August 1 of this year, the law (Section 7:653a of the Civil Code) has provided that the employment contract may no longer contain a prohibition on ancillary activities ("ancillary activities clause") unless there is an "objective reason for doing so. This means work in addition to the current position with the employer. This may also include work that the employee performs independently.
The pilot’s employment contract: points of interest and details for airlines
For most employees, it can be determined with some ease whether they have an employment contract and what law applies to that employment contract. Pilots, on the other hand, occupy a special position within labor law because of the international elements that tend to fester.
Suspension and annulment of non-competition and non-solicitation clause: the balancing of interests
A non-competition clause can be challenged by employees if the clause unfairly disadvantages the employee. But how should an employer defend against this? In this article, on the basis of a concrete example, a judgment from the Amsterdam Court of Appeal, we examine in more detail the suspension (interlocutory proceedings) and nullification (proceedings on the merits) of a non-competition and non-solicitation clause and the balancing of interests that takes place.
Passenger claims 261/2004: Effect of extraordinary circumstances
Regulation 261/2004 allows passengers to claim lump-sum compensation in case of cancellation or long delay, unless the cancellation or delay of the flight is due to extraordinary circumstances and the airline has taken all reasonable measures. But what if the extraordinary circumstance occurred on a previous flight? In this article, we look at extraordinary circumstances and reasonable measures and the effect of extraordinary circumstances on successive flights in an airline's flight operations.
Dismissal during illness versus dismissal due to illness
The employment contract of a sick employee can (despite the prohibition on giving notice during illness) be dissolved by the subdistrict court. That is, if (a) there is a legal ground for dismissal (for example, a disturbed working relationship or dysfunction) and (b) the request for dissolution is not related to the illness.
How does rent protection work for tenants of medium business space when terminating the lease?
There are two different lease regimes for the lease of business space: lease for medium business space, such as stores and catering establishments (7:290 business space) and other business space (7:230a business space). This article discusses rent protection for tenants of middle business space, such as stores, catering and crafts (7:290 business space) .
Tips and tricks for a cooperation agreement
Under the guise of "together you are strong," parties regularly enter into cooperation agreements. In this article, contract law attorney Gentia Niesert explains what a cooperation agreement is and provides some tips and tricks for drafting one.
How does rent protection work for tenants of medium-sized business premises upon termination of the lease?
This article discusses rent protection for tenants of middle business space, such as stores, catering and crafts (7:290 business space) . The rules that apply here assume a broad degree of protection for the tenant. This is because it is important for the tenant to be able to build up a business and generate income and goodwill.
