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.
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?
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.
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.
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?
In real estate, there are two types of leases for business premises: lease of medium-sized business premises (think of a store or catering establishment) or the lease for other business premises (such as office space). This article explains the options for entering into a short-term lease for the different types of commercial space.
What is a purchase/contractor agreement? When parties agree that one of them will provide a piece of land and construct or finish a building on it for a fee, there is a contract for the purchase of the land on the one hand and a contract for work on the other hand with regard to the building. The part relating to the purchase of the land is governed by the legal rules of sale. On the part that relates to contracting work (building and delivery), the rules of contracting work apply. Therefore, it does not make much difference in practice whether one speaks of two linked contracts (purchase and contracting) or of one compound contract to which the rules for purchase and the rules for contracting apply in part.
A construction assignment to a contractor is considered a contract for work. This is an agreement whereby the contractor, on the instructions of the client - outside of employment - realizes and delivers a work of material nature. The legal relationship between the client and the contractor is - unless otherwise agreed - governed by the statutory rules for contracting work.
At the start of a construction project, a client will often engage an architect, engineer or consultant to help him with the design (hereafter: 'consultant'). The legal relationship between the client and his consultant is - if nothing else has been agreed - governed by the legal rules for the commission contract. These legal rules can be found in the first section of title 7.7 of the Dutch Civil Code (art. 7:400 ff. of the Civil Code). The summary statutory regulation has a general and open character and is largely of a regulatory nature. It is therefore common for parties to make further agreements.
Since 2013, the private limited liability company has a statutory regulation with Article 2:239 (6) of the Dutch Civil Code for the situation where one or more directors have a direct or indirect personal interest that conflicts with the interest of the company and its affiliated business.
Legal questions, or even conflicts, are part of doing business. According to LVH, this is not something to fear, but something to take seriously. LVH’s goal is to help you in such a way that you can continue to concentrate on your business operations with peace of mind. LVH is a Rotterdam law firm with skilled, committed and decisive lawyers who, through their way of working, are able to build long-term relationships with their clients and, in a position as in-house lawyer, can and may support entrepreneurs with all possible legal issues. LVH is convinced that professionalism and job satisfaction go very well together, both in the relationship with customers and with each other in the office.
Visiting address
World Port Center Rotterdam
Wilhelminakade 955
3072 AP Rotterdam
By phone: 010 209 27 77
E-mail: info@lvh-advocaten.nl
Legal questions, or even conflicts, are part of doing business. According to LVH, this is not something to fear, but something to take seriously. LVH’s goal is to help you in such a way that you can continue to concentrate on your business operations with peace of mind. LVH is a Rotterdam law firm with skilled, committed and decisive lawyers who, through their way of working, are able to build long-term relationships with their clients and, in a position as in-house lawyer, can and may support entrepreneurs with all possible legal issues. LVH is convinced that professionalism and job satisfaction go very well together, both in the relationship with customers and with each other in the office.
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Visiting address
World Port Center Rotterdam
Wilhelminakade 955
3072 AP Rotterdam
By phone: 010 209 27 77
E-mail: info@lvh-advocaten.nl