specialist areas

What possibilities are there for (interim) adjustment of the rent of medium-sized business premises

Yvonne Hilderink2025-02-03T11:09:14+00:00August 5, 2024|enterprise and real estate, posts, specialist areas|

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

Jeanine Vlot2024-06-28T10:01:25+00:00June 28, 2024|employees, posts|

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?

Richard Ouwerling2025-02-04T11:18:26+00:00June 14, 2024|employees, posts|

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

Claudia Rondberg2024-05-06T11:53:16+00:00May 6, 2024|employees, posts|

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)

Jeanine Vlot2024-04-09T09:46:16+00:00April 9, 2024|enterprise and government, posts|

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?

Claudia Rondberg2024-03-25T14:15:09+00:00March 25, 2024|employees, posts|

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?

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

Jeanine Vlot2025-02-04T11:27:40+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

Claudia Rondberg2024-03-12T08:48:32+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

Jeanine Vlot2024-03-12T08:57:34+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

Jeanine Vlot2024-02-12T13:35:05+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.

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