With effect from 1 January 2020, the Labour Market Balancing Act (Wab) will introduce a new system for the WW premium. The sectoral premium differentiation will also be abolished, because many companies no longer belong to a single sector.
An agency agreement (“Agency Agreement”) may be terminated with or without cause and below you will find a practicable explanation on which steps need to be considered. Please note that terminating an Agency Agreement may be done through the Cantonal Courts or by taking extra-judicial steps as set out in article 6:265 of the DCC. The EC directive (86/653/EEG) is implemented in the Netherlands in articles 7:428 to 7:455 of the Dutch Civil Code (“DCC”), which is mostly compulsory law, which means that deviation by agreement is generally not possible and that these provisions are overriding. This article will only address the situation where the Principal terminates or rescinds the Agency Agreement. My next article will address the situation of the Agent.
In my previous contributions "A shareholder agreement to make your startup investor-proof" and "The shareholder agreement: some practical tips" I already wrote about the usefulness and necessity of the shareholder agreement. In order to avoid conflicts with, for example, future investors, it is wise to make good agreements about the cooperation. Not only agreements about the positive aspects of the cooperation, but above all agreements about what should happen if the cooperation does not go as expected.
A very important change in insolvency law is imminent. This change concerns the possibility of a debtor's offering a composition to creditors. In the current situation, there is only an arrangement for the compulsory imposition by the court of an arrangement with creditors in suspension of payments or bankruptcy. In the Bill on the Homologation of Private Agreements (WHOA), the possibility has been included that a compulsory composition without a moratorium or bankruptcy can be concluded. This will drastically change the possibilities for resolving problematic debts. This change is important for debtors, but also for their providers of capital, such as creditors and shareholders.
As you all know the introduction of the Data Protection Regulation (2016/679 with effect on 25th May 2018 had a substantial impact on enterprises on all levels, and received a lot of attention. Shortly after, another act was implemented in the Netherlands which also puts the trade secrets of organization on the map and gives enterprises a competitive advantage.
From the 1st of January 2020 a number of changes in Dutch employment law will come into force. These changes will bring new attractive benefits as well as new risks that need be taken into account by both employers and employees.
Legal acts can already be performed on behalf of a private limited company in incorporation. However, caution is required, because the person who has performed the acts on behalf of the B.V. under formation may be personally called upon to fulfil the obligations entered into.
What are extrajudicial costs and what costs can you recover from a business partner? These 2 questions are in fact addressed in every case where I assist a client who wants to recover a claim. In most cases we first look at whether a case can be solved out of court. In this process - before we go to court - the so-called extrajudicial costs are incurred for, among other things, writing to and consultation with the other party or his lawyer.
Whether it is a startup or a company that has been around for a long time, it is important that shareholders make good agreements. By recording the agreements, shareholders gain certainty about where they stand with regard to their fellow shareholders.
Last week, the decision of 4 December 2017 by the Subdistrict Section of the Subdistrict Court Oost-Brabant was published in Jurisprudentie Arbeidsrecht (JAR). In this decision, it is ruled that an instant dismissal by Ryanair Ltd. was lawfully given.