Employees
Absenteeism due to illness
When an employee calls in sick, you as an entrepreneur must be alert and show an active attitude. Does the employee need support? Is it short-term or long-term absenteeism? And how is reintegration handled? Perhaps outside your own company? The employment law specialists at LVH Advocaten will be happy to answer these kinds of questions.
Absenteeism policy
Every entrepreneur strives for sustainable employability of his employees and wants a vital team and low absenteeism, but not every entrepreneur knows how to achieve this optimally. The employment law specialists at LVH Advocaten know that achieving low absenteeism starts with developing and implementing a good absenteeism policy. We are also happy to help you with this.
Reintegration
Is your employee on long-term sick leave? If so, you would do well to take action as soon as possible by starting with reintegration. You can start with this by calling in a company doctor/artists service. Together with the employee and, for example, the company doctor, you can determine what the employee can and cannot do during absenteeism.
Labour conflict and illness
Illness can also be accompanied by an industrial dispute. For example, an employee reports sick because of a conflict situation at work while there is no work disability. Or the employee has become ill as a result of the industrial dispute (burn-out). In these situations it is important that you take timely action. A lawyer can give you good advice on how to manage the case.
Do you have questions or would you like to know more about what we can do for you? If so, please contact one of the employment law specialists at LVH Advocaten.
More about employees:
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SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Peter Verheijden
Richard Ouwerling
More about employees
Terminating an Agency agreement by the Principal
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.
The shareholders’ agreement: what if agreements are not kept?
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.
Bill on Homologation Private Placement Significant change in insolvency law is imminent
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.
