Is a right of usufruct on claims a meaningful alternative?
Is a right of usufruct on claims a meaningful alternative? A right of usufruct gives the right to use goods ...
How do I substantiate the need for reorganisation?
Support measures have stopped and energy crisis and high inflation are putting many entrepreneurs in financial trouble (again). Starting to reorganise on time can then be a 'must'. But how do you substantiate the need for reorganisation?
How final is the final discharge in termination agreements?
If employer and employee wish to terminate an employment contract by mutual agreement, they sign a termination agreement. A termination agreement often includes a final discharge clause. A final discharge clause ensures that parties do not have to renegotiate rights and compensation after the execution of the termination agreement. But how final is the final discharge clause in a termination agreement?
Reduction of amount for which the director is liable
A director is liable under article 2:248 paragraph 1 of the Dutch Civil Code (BW) to make good the deficit in the bankruptcy if the board has manifestly mismanaged its duties and it is plausible that this was a major cause of the bankruptcy. Based on paragraph 4 of this article of law, the court can mitigate the amount for which the director is liable under certain circumstances.
The wage guarantee scheme: continued payment of wages in the event of the employer’s bankruptcy
The Unemployment Insurance Act includes a scheme that entitles employees to payment in the event of payment problems on the part of the employer. The regulation is also called the wage guarantee regulation. It also regulates which benefits an employee can claim in case of bankruptcy of the employer. In this article I will discuss the main provisions of the wage guarantee scheme that apply in the event of bankruptcy and I will go into a recent judgment of the Supreme Court on this subject.
(Written) assignment agreement: in good faith or well regulated?
Entrepreneurs like to work together "in good faith." In other words, agreements are made verbally and the parties immediately start working together. That's great, after all we want to get to work quickly and deal with legal matters as little as possible.
Compulsory education and study-cost clause: all points of attention for employers
As an employer, you like to keep your employees' knowledge up to date. This is important for the sustainable employability of your personnel and it can create more productivity within the organisation. Thus, a win-win situation.
Bonus employees: how to create a good bonus scheme as an employer?
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.
Amend model employment contract in 2022? Implementation of EU Directive on transparent and predictable terms of employment
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?
Managing director and works council: how to achieve effective cooperation? The works council is an important body within the organisation. ...
