In the Netherlands, maintenance is a financial contribution to the living expenses of the former partner and any children after a divorce. It is an amount that you receive or have to pay on a monthly basis. If you do not have enough income to support yourself, you are entitled […]
Author: Law & More
What are your rights as a tenant?
Every tenant has the right has two important rights: the right to enjoyment of living and the right to rent protection. Where we discussed the first right of the tenant in connection with the obligations of the landlord, the second right of the tenant came in a separate blog about […]
Rent protection
When you rent an accommodation in the Netherlands, you are automatically entitled to rent protection. The same applies to your co-tenants and subtenants. In principle, rent protection comprises two aspects: rental price protection and rent protection against termination of the tenancy agreement in the sense that the landlord cannot simply […]
Divorce in 10 steps
It is difficult to decide whether to get a divorce. Once you have decided that this is the only solution, the process really begins. A lot of things need to be arranged and it will also be an emotionally difficult period. To help you on your way, we will give […]
Applying for a work permit in the Netherlands. This is what you as a UK citizen need to know.
Until 31 December 2020, all EU rules were in force for the United Kingdom and citizens with British nationality could easily start working at Dutch companies, i.e., without a residence or work permit. However, when the United Kingdom left the European Union on December 31, 2020, the situation has changed. […]
Obligations of the landlord
A rental agreement has various aspects. An important aspect of this is the landlord and the obligations he has towards the tenant. The starting point with regard to the obligations of the landlord is “the enjoyment that the tenant may expect based on the rental agreement”. After all, the obligations […]
What should you do if you are unable to meet your alimony obligations?
Alimony is an allowance to a former spouse and children as a contribution to maintenance. The person who has to pay alimony is also referred to as the maintenance debtor. The recipient of alimony is often referred to as the person entitled to maintenance. Alimony is an amount that you […]
Director’s conflict of interest
Directors of a company should at all times be guided by the interest of the company. What if directors have to make decisions that involve their own personal interests? What interest prevails and what is a director expected to do in such a situation? When is there a conflict of […]
Change in transfer tax: starters and investors pay attention!
2021 is a year in which a few things will change in the field of legislation and regulations. This is also the case with regard to transfer tax. On November 12, 2020, the House of Representatives approved a bill for the adjustment of the transfer tax. The aim of this […]
Retention of title
Ownership is the most comprehensive right a person can have in a good, according to the Civil Code. First of all, that means that others must respect that person’s ownership. As a result of this right, it is up to the owner to determine what happens to his goods. For […]
Revision of NV-law and the male / female ratio
In 2012, BV (private company) law was simplified and made more flexible. With the entry into force of the Law on Simplification and Flexibility of BV Law, shareholders were given the opportunity to regulate their mutual relationships, so that more room was created to adapt the structure of the company […]
Protecting Trade Secrets: What Should You Know?
The Trade Secrets Act (Wbb) has applied in the Netherlands since 2018. This Act implements the European Directive on the harmonization of the rules on the protection of undisclosed know-how and business information. The aim of the introduction of the European Directive is to prevent the rule fragmentation in all […]
International surrogacy
In practice, intended parents increasingly choose to start a surrogacy programme abroad. They may have various reasons for this, all of which are linked to the precarious position of the intended parents under Dutch law. These are briefly discussed below. In this article we explain that the possibilities abroad can […]
Surrogacy in the Netherlands
Pregnancy, unfortunately, is not a matter of course for every parent with a desire to have children. In addition to the possibility of adoption, surrogacy could be an option for an intended parent. At the moment, surrogacy is not regulated by law in the Netherlands, which makes the legal status […]
Parental authority
When a child is born, the mother of the child automatically has parental authority over the child. Except in cases where the mother herself is still a minor at that time. If the mother is married to her partner or has a registered partnership during the birth of the child, […]
Bill on Modernization of Partnerships
To this day, the Netherlands has three legal forms of partnerships: the partnership, the general partnership (VOF) and the limited partnership (CV). They are mainly used in small and medium-sized enterprises (SMEs), the agricultural sector and the service sector. All three forms of partnerships are based on a regulation dating […]
As an employer, can you refuse to report your employee sick?
It regularly happens that employers have doubts about their employees reporting their illness. For example, because the employee often reports sick on Mondays or Fridays or because there is an industrial dispute. Are you allowed to question your employee’s sickness report and suspend payment of wages until it is established […]
Act of resignation
Divorce involves a lot The divorce proceedings consist of a number of steps. Which steps have to be taken depends on whether you have children and whether you have agreed in advance on a settlement with your future ex-partner. In general, the following standard procedure should be followed. First of […]
Refusal of work
It is very annoying if your instructions are not followed by your employee. For example, the one employee on whom you cannot count on to appear on the work floor around the weekend or the one who thinks that your neat dress code does not apply to him or her. […]
Alimony
What is alimony? In the Netherlands alimony is a financial contribution to the cost of living of your former partner and children after a divorce. It is an amount that you receive or have to pay monthly. If you don’t have enough income to live on, you can get alimony. […]
An inquiry procedure at the Enterprise Chamber
If disputes have arisen within your company that cannot be resolved internally, a procedure before the Enterprise Chamber may be a suitable means of resolving them. Such a procedure is called a survey procedure. In this procedure, the Enterprise Chamber is asked to investigate the policy and course of affairs […]
Dismissal during probationary period
During a probationary period, employer and employee can get to know each other. The employee can see if the work and company are to his or her liking, while the employer can see if the employee is suitable for the job. Unfortunately, this can lead to dismissal for the employee. […]
Termination and notice periods
Do you want to get rid of an agreement? That is not always possible right away. Of course, it is important whether there is a written agreement and whether agreements have been made about a notice period. Sometimes a statutory notice period applies to the agreement, while you yourself have […]
International divorces
It used to be customary to marry someone of the same nationality or of the same origin. Nowadays, marriages between people of different nationalities are becoming more common. Unfortunately, 40% of marriages in the Netherlands end in divorce. How does this work if one lives in a country other than […]
Parenting plan in the case of divorce
If you have minor children and you get divorced, agreements must be made about the children. The mutual agreements will be laid down in writing in an agreement. This agreement is known as the parenting plan. The parenting plan is an excellent basis for getting a good divorce. Is a […]
Fight divorces
A fight divorce is an unpleasant event that involves a lot of emotions. In this period it is important that a number of things are properly arranged and therefore it is important to call in the right help. Unfortunately, it often happens in practice that the future ex-partners are unable […]
What is a criminal record?
Have you broken the corona rules and been fined? Then, until recently, you ran the risk of having a criminal record. The corona fines continue to exist, but there is no longer a note on the criminal record. Why have criminal records been such a thorn in the side of […]
Dismissal
Dismissal is one of the most far-reaching measures in employment law that has far-reaching consequences for the employee. That is why you as an employer, unlike the employee, cannot simply call it quits. Do you intend to fire your employee? In that case, you must bear in mind certain conditions […]
Damages claim: what do you need to know?
The basic principle applies in Dutch compensation law: everyone bears his own damage. In some cases, simply no one is liable. Think, for example, of damage as a result of hailstorms. Was your damage caused by someone? In that case, it may only be possible to compensate the damage if […]
Conditions in the context of family reunification
When an immigrant obtains a residence permit, he or she is also granted the right to family reunification. Family reunification means that the family members of the status holder are allowed to come to the Netherlands. Article 8 of the European Convention on Human Rights provides for the right to […]
Resignation
Under certain circumstances, termination of the employment contract, or resignation, is desirable. This may be the case if both parties envisage resignation and conclude a termination agreement in this regard. You can read more about the termination by mutual consent and the termination agreement on our site: Dismissal.site. In addition, […]
Obligations of the employer and the employee according to the Working Conditions Act
Whatever work you do, the basic principle in the Netherlands is that everyone should be able to work safely and healthily. The vision behind this premise is that the work must not lead to physical or mental illness and not at all to death as a result. This principle is […]
The compulsory settlement: To agree or to disagree?
A debtor who is no longer able to pay his outstanding debts has a few of options. He can file for his own bankruptcy or apply for admission to the statutory debt restructuring arrangement. A creditor can also apply for the bankruptcy of his debtor. Before a debtor can be […]
Tequila Conflict
A well-known lawsuit of 2019 [1]: The Mexican regulatory body CRT (Consejo Regulador de Tequila) had started a lawsuit against Heineken which mentioned the word Tequila on its Desperados bottles. Desperados belongs to Heineken’s select group of international brands and according to the brewer, is a “tequila flavoured beer”. Desperados […]
Immediate dismissal
Both employees and employers can come into contact with dismissal in various ways. Do you choose it yourself or not? And under what circumstances? One of the most drastic ways is immediate dismissal. Is that the case? Then the employment contract between the employee and the employer will end instantly. […]