Business Lawyers Netherlands,
Business services are among the fastest growing branches of industry in the Netherlands. If we include agency workers, this sector has more employees than the entire sector. Most business services companies are small and have ten members of staff or less. The threshold to start a business is low, as the provision of business services does in general demand relatively few investments in buildings, machines and stocks. As a legal firm, we ourselves form part of this diverse sector.
The lawyers of Leeman Verheijden Huntjens work closely together with a number of civil-law notaries from Rotterdam and various regional accountancy firms. Clients are also referred to one another if there is such a need. The fact that they are seen as a good and reliable partner by these parties is a big compliment for our firm.
Our client portfolio includes IT companies, accountants, tax specialists, facilities service providers and estate agents. Our team advises them during internal issues about structure and collaboration, but also in the case of mergers, dissolution and the realisation of joint ventures. We are also closely involved in preparing and concluding contracts, general terms and conditions and we provide advice about employment contracts and reorganisations. Our litigation lawyers are ready for any legal proceedings.
The coronavirus cannot be ignored and many countries are taking huge measures that impact each and everyone of us. It affects how we do business, and affects how we have done business in the past.
For that reason LVH Advocaten have launched a special Corona legal support desk for non-Dutch enterprises to help you through these difficult times. The Dutch government has implemented many measures that restrict business and force us to redefine our parameters. The Dutch government has also shown that it is there to help and to make the transition a little less painful.
On the 17th March 2020, the Cabinet announced a large number of measures. These measures are aimed at supporting companies and freelancers. The measures include measures to maintain employment on the one hand and measures to ensure that companies do not go bankrupt and that self-employed people can maintain an income on the other hand.
Suppose your contracting party does not deliver the quality you had agreed, how much time should you give them to improve their performance? In other words, when can you say: "I have lost my patience and I want to dissolve the contract"? These questions were addressed in the judgment Fraanje vs. Alukon (ECLI:NL:HR:2019:1581) of the Supreme Court on 11 October 2019. An important judgment in the field of contract law, in particular for parties who are dealing with an opposing party who does not fulfil his obligations under the contract.
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.
rental (contract and eviction), business and shareholders, property
Enterprise and government, Enterprise and shareholders, National and International Tax Law
International business to business contracting
insolvencies and reorganisation, business and shareholders
Who hires persons to work in The Netherlands will sooner or later get to know the relatively complex system of Dutch Labour Law. The rules are laid down in statutory regulations, like in the Dutch Civil Code, and in extensive case law. Hiring is relatively easy. Firing may be complex and in certain cases impossible or expensive.
Under Dutch law, employment contracts can be terminated with immediate effect for an ‘urgent’ cause, such as theft, fraud, or other very serious misconduct. A non-exhaustive list of acts that amount to urgent cause is provided in Article 7:678 DCC. Other than in case of giving notice, it is not necessary to ask and obtain a permit from the Employee Insurance Agency (UWV).
The main implemented changes concern a dismissal law reform, an intended improvement of the legal status of flex workers and an adjustment of the Unemployment Insurance Act. Below, we will discuss the most important changes and suggest a number of recommendations.