specialist areas

September 16, 2020

How final is the final discharge in termination agreements?

2025-02-04T16:02:24+00:00December 6, 2022|employees, posts|

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

2022-07-04T09:57:58+00:00July 4, 2022|companies in financial distress, employees, posts|

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

2022-06-28T07:24:52+00:00June 27, 2022|companies in financial distress, employees, posts|

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.

Request for debt restructuring and Corona: the tax collector thinks along

2023-02-13T14:39:08+00:00May 12, 2022|companies in financial distress, enterprise and business, enterprise and government, posts|

Until further notice, the Tax Authorities will approach requests for restructuring of tax debts with a flexible attitude. This applies in particular to requests from entrepreneurs whose businesses are fundamentally sound and who have been affected by the Corona crisis. For these entrepreneurs, the generous corona deferral policy may prove to be of no avail.

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