Food, Horeca & Retail
The Food, Horeca & Retail sector is extremely dynamic and is governed by a host of legislation and regulations. The sector also faces various challenges in relation to competition, e-commerce, globalisation and economic developments. In these hectic times, it is important that specialists create ‘workable preconditions’ to remove the burden for the entrepreneurs, leaving them to do what they’re good at – run businesses. We know the sector and offer you complete support in this jungle of legal rules.
We point our clients the way in managing, operating, developing and selling shops, hotels, bars or restaurants. This could involve licences, changes of use, and hotel, restaurant, bar or retail related lease issues. Then there is also the daily operation of the business. Issues in the area of employment law, standard terms and conditions, terms and conditions of delivery or purchase, exclusive purchasing, financing and security, franchise agreements or purchasing or selling a business are our day to day work. The various legal areas that play a part are dealt with integrally.
We act on behalf of chains, franchise chains and individual hotel, restaurant, bars or retailers. Advice and conducting legal proceedings are our expertise.
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When are the costs of additional work to be borne by the client in the case of contract work?
In a building contract between a contractor and a principal a contract price is usually agreed upon. It often happens that the principal wishes all kinds of changes or additions to the work during the execution. This is then extra work. But are the costs of this extra work for the account of the contractor or the principal?
Reduction of amount for which the director is liable
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
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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