specialist areas

September 16, 2020

What are the rights, obligations and liabilities of clients and consultants in the commission agreement in a construction process?

2022-04-25T13:30:47+00:00July 12, 2021|commercial property and investment, enterprise and real estate, news, posts, specialist areas|

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.

Actions against non-competition agreements

2023-06-20T10:39:48+00:00May 11, 2021|employees, news, posts, specialist areas|

Many employees have a non-compete agreement, and many employers come into contact with potential employees who have a non-compete agreement. The question that then arises is, can the employee join a new company? Or in other words, is the non-competition clause legally valid, can the current employer successfully invoke the clause, or can the non-competition clause perhaps be (partially) voided?

Employee leaving sick: what about premium differentiation?

2022-02-07T13:30:46+00:00April 26, 2021|employees, news, posts, specialist areas|

Are you familiar with the financial consequences of a sick employee leaving your company? The Sickness Benefits Act and WGA premiums are differentiated. This means that the premiums depend on the inflow of employees who became ill on the last day of their employment or within 4 weeks after the dismissal date. In this article we discuss the premium differentiation and the calculation of this premium.

Medium-sized business premises or other business premises: what is the difference and how do you determine which is which?

2022-04-25T13:37:16+00:00April 19, 2021|commercial property and investment, enterprise and real estate, news, posts, specialist areas|

There are two different rental regimes for commercial property: rental for medium-sized business premises, such as stores and catering establishments (7:290 business premises) and other business premises (7:230a business premises). The applicable rental regime is indicated by the section of the Dutch Civil Code that applies to that rental regime. Rent for medium-sized business premises is regulated in Section 7:290 of the Dutch Civil Code and is therefore also referred to as 7:290 business premises. Section 7:230a of the Dutch Civil Code regulates the rent for other business accommodation, the so-called 7:230a business accommodation.

Justified employee job reassignment after serious incident?

2021-04-19T11:26:50+00:00April 19, 2021|employees, news, posts, specialist areas|

A question that we as employment lawyers receive with some regularity is whether an employee can be placed in a lower position with a lower salary after one or more incidents. In many cases an employee will not voluntarily agree to this and the question arises whether a unilateral change of position is possible. This question was addressed by the subdistrict court in its judgment of December 31, 2020.

Summons Dismissal: Requirements and Recent Rulings

2021-04-14T10:21:46+00:00April 14, 2021|employees, news, posts, specialist areas|

Many employers are occasionally confronted with an employee whom - in view of the seriousness of the conduct - they wish to part with immediately, i.e. dismiss summarily. But is this really possible? In this article, we will discuss the requirements for summary dismissal and three recent decisions by subdistrict courts that have ruled on summary dismissal.

Assessment of employment relationships and the DBA Act: Employee or self-employed person?

2021-03-01T14:47:00+00:00March 1, 2021|employees, news, posts, specialist areas|

A widely used employment relationship is the ZZP construction. This employment relationship has a number of advantages for entrepreneurs and it is a good alternative to temporary work and (temporary) employment contracts. It is therefore a subject that has been the subject of much debate in recent years, more specifically, when is there an agreement for services or an employment contract?

Liability for damage to an aircraft

2023-02-13T14:34:29+00:00January 4, 2021|aviation and law, enterprise and business, international, news, posts, specialist areas|

When transporting cargo or passengers, airlines are faced with several conditions that can cause damage to their aircraft. This damage occurs in most cases when the aircraft is still on the ground. When parked, leaving the gate or taxiing to the runway. But who is liable for this damage and what does an airline have to pay for itself?

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