Employees2026-08-10T14:08:56+02:00

Employees

A proactive application of the rules of labour law has a positive effect on the result of your company.

As an entrepreneur, you work with people every day. You make agreements, provide direction and build your organisation together. That requires clear employment terms, clear communication and a careful approach when something changes or gets stuck.

In practice, personnel issues often arise sooner than expected. An employee does not perform as hoped, a discussion arises about agreements made, someone becomes ill or your organisation changes. Then it is important to know what is legally possible and which steps are sensible.

Employment law is not only about rules. It is also about timing, evidence, communication and the consequences for your business. By choosing the right course in time, you avoid unnecessary risks and stay in control of the process.

LVH Advocaten helps entrepreneurs with a wide range of personnel-related matters. We think along with you about practical solutions, assess your legal position and guide you through the necessary steps. From employment contracts and employment terms to illness, reintegration, performance, dismissal, employee participation, proceedings and agreements on non-compete or non-solicitation clauses.

Because personnel issues often involve several interests, we look beyond the legal rules. We also consider what is workable within your organisation. This gives you advice that helps you move forward quickly and make well-considered choices.

Would you like to discuss a personnel issue or find out in advance which route is sensible? Our employment law specialists would be happy to help.

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How final is the final discharge in termination agreements?

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If employer and employee wish to terminate an employment contract by mutual agreement, they sign a termination agreement. A termination agreement often includes a final discharge clause. A final discharge clause ensures that parties do not have to renegotiate rights and compensation after the execution of the termination agreement. But how final is the final discharge clause in a termination agreement?

Reduction of amount for which the director is liable

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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 wage guarantee scheme: continued payment of wages in the event of the employer’s bankruptcy

27 June 2022|

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.

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