What are the options and points of attention when subletting business space?
For tenants of business premises, it may make sense to (partially) sublet the leased business premises. The tenant then also becomes a sublessee. Is this allowed?
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.
What possibilities are there for (interim) adjustment of the rent of medium-sized business premises
Leases for shops, catering establishments, takeaway or delivery services and crafts businesses are called medium business premises leases. Specific legal provisions apply to these types of leases, the basic principle being a high degree of protection for the tenant. One of these rules concerns the legal system of rent adjustment. This article explains which possibilities there are to adjust the rent of medium-sized business premises outside the statutory system.
Sick employees; Reintegration second track in SMEs
Suppose your employee has been sick for almost a year. He holds a defining position within your company. You therefore want to appoint a replacement, because it looks like the sick employee will not be able to return to his original position. Is this allowed?
Employee termination: ‘We are going to quit’, clear and unambiguous?
It is more common than thought: an employee terminating their job in an emotional state. This termination may obviously be due to a conflict or discussion at work (e.g. about reintegration). It may also be that the employee feels pressured by his employer to quit.
Deficiencies in participation
The Enterprise Chamber ruled in a case of a company takeover via a leveraged buyout that the management of the company had acted negligently (partly) due to defects in the co-determination process. The careless conduct was classified as mismanagement, because it violated the elementary principles of proper entrepreneurship.
A wind farm kept out of the wind (disadvantage compensation)
Wind energy plays an important role in the context of energy transition. Windmills rise up both on land and at sea. The realization of windmills on land regularly encounters resistance from, for example, local residents or environmental and nature associations.
Suspension of employee; when and for how long?
Today, the summary proceedings in which Tom Egbers is demanding the lifting of his suspension by NOS after a year take place. The questions that come into play here are: when can you suspend an employee and isn't a year of suspension far too long?
