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 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.
Old buildings are increasingly getting a new function. An old school building becomes a restaurant in retro style, a dilapidated mansion revives as a hotel and an abandoned office building gets e and new life as a student complex.
Entrepreneurs like to work together "in good faith." In other words, agreements are made verbally and the parties immediately start working together. That's great, after all we want to get to work quickly and deal with legal matters as little as possible.
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.
As of May 1, 2022, the era of the Open Government Act ("Wob") has come to an end. After years of serving as the legislative framework for the right to government information, the Wob has been replaced as of May 1, 2022 by a new law, which entered into force under the name of the Open Government Act ('Woo').
Is the door of Damocles unlocked? New developments in case law indicate that homes can be closed down less quickly due to the discovery of prohibited substances.
As an employer, you like to keep your employees' knowledge up to date. This is important for the sustainable employability of your personnel and it can create more productivity within the organisation. Thus, a win-win situation.
The bonus is a nice incentive for employees that you can use as an employer. But you have to be careful. The bonus scheme can be risky if it is not put down on paper correctly. As an employer, you then face the question: is the employee entitled to the bonus and how high is it? Obviously, you do not want to have that discussion with your employees. In this article, we discuss how you, as an employer, can draw up a good bonus scheme.