Enterprise and business
If you take good care of your business, you can do business without worries.
Doing business means making appointments. Lots of appointments. With partners, staff, suppliers, customers, the government, etc. Good contracts are therefore a necessary part of a healthy business economy. Whether it concerns “internal” contracts, such as shareholder agreements and employment agreements, or “external” contracts, such as takeover and cooperation agreements. (Advice on) a good contract in which clear rules of play are laid down, makes it possible for the company to focus on the development of the company.
A good contract is clear as a tightly organised march route: who participates and under what conditions, what is the destination, what input is needed to achieve the goal, who makes the decisions, what happens if things go wrong along the way, who can intervene and what sanctions can be imposed.
Organising such a march route is a profession. Our profession.
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Covenant on ancillary activities; greater clarity desired
Since August 1 of this year, the law (Section 7:653a of the Civil Code) has provided that the employment contract may no longer contain a prohibition on ancillary activities ("ancillary activities clause") unless there is an "objective reason for doing so. This means work in addition to the current position with the employer. This may also include work that the employee performs independently.
The pilot’s employment contract: points of interest and details for airlines
For most employees, it can be determined with some ease whether they have an employment contract and what law applies to that employment contract. Pilots, on the other hand, occupy a special position within labor law because of the international elements that tend to fester.
Suspension and annulment of non-competition and non-solicitation clause: the balancing of interests
A non-competition clause can be challenged by employees if the clause unfairly disadvantages the employee. But how should an employer defend against this? In this article, on the basis of a concrete example, a judgment from the Amsterdam Court of Appeal, we examine in more detail the suspension (interlocutory proceedings) and nullification (proceedings on the merits) of a non-competition and non-solicitation clause and the balancing of interests that takes place.