specialist areas

September 16, 2020

Scope of collective bargaining: which collective bargaining agreement do I fall under as an employer?

2024-03-19T10:49:27+00:00March 19, 2024|employees, posts|

In a previous article, we wrote about the importance of a scope study and avoiding a financial noose. This time, it is the online supermarkets Picnic, Flink, Gorillas, Getir and Hofweb that are facing the collective bargaining agreement Food Industry. In this article, we discuss the judgment of the Central Netherlands District Court dated February 28, 2024, as well as discuss the importance of a scope study.

Temporary law on transparency turboliquidation

2024-03-12T08:48:32+00:00February 19, 2024|enterprise and real estate, news, posts, specialist areas|

The Temporary Act on Transparency Turboliquidation came into force on 15 November 2023. The consequences of this law and the additional conditions that must be met have been written about before (see, for example, the article from 22 March 2023). Despite the increased requirements, turbo liquidation is still a good tool for winding up companies with no operations and assets after 15 November 2023.

Indexation of rent by 14.5% in 2023 not unreasonable

2024-03-12T08:57:34+00:00February 16, 2024|enterprise and real estate, posts, specialist areas|

Many lessees of commercial space faced indexation of the rent according to the consumer price index (CPI) by a percentage of 14.5% in 2023. Several tenants of commercial space disagreed, and there have since been court cases about this. From the court rulings, the view emerges that indexation of the rent in 2023 by 14.5% is not unreasonable.

The importance of a scope review: avoid a financial noose

2024-02-12T13:35:05+00:00February 6, 2024|employees, posts|

Recently, the Hague Court of Appeal ruled that Booking.com must join the industry pension fund for the travel industry. The company opposed this because it sees itself as an Internet company. The financial consequences for Booking.com are huge: The parent company estimates that the ruling will lead to an additional cost of 405 million euros.

End of an addicted employee’s employment contract?

2023-09-19T10:19:19+00:00September 19, 2023|employees, posts|

Abuse of alcohol or drugs can lead to major problems in the workplace. Think of unsafe situations, dysfunction and regular and/or long-term disability. The employer sometimes wants to unilaterally terminate the employment contract in such a situation. What are the possibilities.

Dismissal of statutory director: reasonable grounds for dismissal?

2023-09-12T15:03:46+00:00September 12, 2023|employees, posts|

The dismissal of a statutory director occupies a special position within labor law. For example, the protection against dismissal that a director under the articles of association has is designed differently from normal employees. It is no different in that there must be reasonable grounds for a legally valid dismissal. The absence of reasonable grounds can cost the employer dearly.

Covenant on ancillary activities; greater clarity desired

2023-07-18T19:32:42+00:00July 18, 2023|employees, posts|

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.

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