Maxime Visser
Tax employee +31 10 206 17 84 visser@lvh-advocaten.nl …
Richard Ouwerling
+31 (0)10 209 27 75 +31 (0)6 11 23 53 54 ouwerling@lvh-advocaten.nl …
Peter Verheijden
+31 (0)10 209 27 75 +31 (0)6 53 88 04 51 verheijden@lvh-advocaten.nl …
Terminating a commercial contract
This article will explain in which way commercial agreements can be terminated under the Dutch Civil Code (DCC). The general rule in the Netherlands is that there is substantial freedom of parties to enter into an agreement.
Opinion of the Attorney-General: lessees of business premises are entitled to a rent reduction because of the corona pandemic
In a case concerning the question whether a lessee of business premises is entitled to a rent reduction because of the coronapandemic, the Subdistrict Court of Roermond asked the Supreme Court preliminary questions on March 31. The answer to these questions is important for legal practice, because the answers from the Supreme Court will also give other tenants and lessors of business accommodations something to hold on to when solving concrete cases.
When does a commercial agreement become a legally binding agreement?
It may be that your commercial enterprise was still negotiating the terms of a commercial contract and the negotiations did not result in an agreed written contract. At least that is what you thought until you received an invoice.
Qualification of the employment relationship: management agreement or employment contract?
The qualification of an employment relationship is of great importance. It determines which rights and obligations the parties have towards each other. The relationship between employer and employee is very different from the relationship between client and contractor. If possible, it is wise to make as clear as possible an agreement about the relationship. This prevents problems in the future. But what if the parties have a different opinion about the qualification of the employment relationship?
Non-competition clause for commissioned workers and the prohibition on obstructing competition
In the assignment contract between the client and the contractor, a non-competition clause can be agreed - just as with employers and employees - so that the client can protect its business interests when the relationship with the contractor ends.
No-risk policy: points of attention for employers
In this article we discuss the so-called 'no-risk policy' and points of attention for employers who employ personnel with a no-risk policy. We discuss what the policy entails and what this means for the reintegration obligations when the employee becomes disabled.
Right to consent of Works Council: what to do in case of refusal by Works Council (WC)?
A works council WC has a right to consent with regard to proposed decisions to adopt, amend or repeal a regulation pursuant to Section 27 of the WOR. But what if the Works Council refuses to give its consent to the implementation of the resolution? Is that reasonable, or do the interests of the employer outweigh the interests? And what can the entrepreneur do?
