specialist areas

September 16, 2020

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.

Suspension and annulment of non-competition and non-solicitation clause: the balancing of interests

2025-02-04T13:07:12+00:00June 20, 2023|employees, posts|

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.

Dismissal during illness versus dismissal due to illness

2023-06-06T12:38:48+00:00June 6, 2023|employees, posts|

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?

2023-05-23T09:59:39+00:00May 23, 2023|commercial property and investment, enterprise and real estate, posts, specialist areas|

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) .

The future labour market

2023-05-01T08:31:59+00:00April 28, 2023|employees, posts|

Minister Van Gennip (Social Affairs and Employment) sent a package of labour market measures to the Lower House on 3 April (Kamerbrief over voortgang uitwerking arbeidsmarktpakket | Kamerstuk | Rijksoverheid.nl). The Minister largely follows the so-called 'Borstlap Committee' and the SER Advice and gives an advance insight into what the labour market should look like (at the latest) in 2025, according to the Cabinet.

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