Legally, an association is a legal entity with members. An association is formed for a specific purpose, for example, a sports association, and can make its own rules. The law distinguishes between an association with total legal capacity and an association with limited legal capacity. This blog discusses the important aspects of the association with …
One of the ways to terminate an employment contract is by entering a resolutive condition. But under what conditions may a resolutive condition be included in an employment contract, and when does the employment contract end after that condition has occurred? What is a resolutive condition? When drafting an employment contract, contractual freedom applies to …
Terminating conditions in an employment contract Read More »
For many employers, it is attractive to offer employees a contract without fixed working hours. In this situation, there is a choice between three forms of on-call contracts: an on-call contract with preliminary agreement, a min-max contract and the zero-hours contract. This blog will discuss the latter variant. Namely, what does a zero-hours contract mean …
When you have performed labour as an employee, you are entitled to wages. The specifications surrounding the payment of wages are regulated in the employment contract. If the employer does not pay the wages (on time), it is in default and you can file a wage claim. When to file wage claim? There are several …
Unfortunately, it happens often enough that a contracting party fails to fulfill its obligations or fails to do so on time or correctly. A notice of default gives this party another opportunity to (correctly) comply within a reasonable period. After the expiry of the appropriate period – mentioned in the letter – the debtor is in default. Default …
Employers process a lot of data on their employees over time. All this data is stored in a personnel file. This file contains important personal data and, for this reason, it is essential that this is done securely and correctly. How long are employers allowed (or, in some cases, required) to keep this data? In …
As an employer, it is important to store your employees’ data properly. In doing so, you are obliged to keep personnel records of employees’ personal data. When storing such data, the Privacy Act General Data Protection Regulation (AVG) and the Implementation Act General Data Protection Regulation (UAVG) must be taken into account. The AVG imposes …
What is share capital? Share capital is equity divided into shares of a company. It is the capital stipulated in the company agreement or articles of association. A company’s share capital is the amount at which a company has issued or can issue shares to shareholders. Share capital is also part of a company’s liabilities. Liabilities are debts …
Whereas fixed-term employment contracts used to be the exception, they seem to have become the rule. A fixed-term employment contract is also called a temporary employment contract. Such an employment contract is concluded for a limited period. It is often concluded for six months or a year. In addition, this contract can also be concluded …
Libel and slander are terms that originate from the Criminal Code. They are crimes punishable by fines and even prison sentences, although, in the Netherlands, someone rarely ends up behind bars for libel or slander. They are mainly criminal terms. But someone guilty of libel or slander also commits an unlawful act (Art. 6:162 of …
Yes and no! The main rule is that an employer is not obliged to offer a pension scheme to employees. In addition, in principle, employees are not obliged to participate in a pension scheme provided by the employer. In practice, however, there are many situations where this main rule does not apply, leaving an employer …
Every employee of a company must be able to work safely and healthily. The Working Conditions Act (further abbreviated as Arbowet) is part of the Occupational Health and Safety Act, which consists of rules and guidelines to promote a safe working environment. The Working Conditions Act contains obligations with which employers and employees must comply. …
What are the employer’s obligations under the Working Conditions Act? Read More »
If you want to collect an outstanding debt after a long time, there may be a risk that the debt is time-barred. Claims for damages or claims may also be time-barred. How does prescription work, what are limitation periods, and when do they start to run? What is a limitation of a claim? A claim is time-barred if the creditor …
A claim is simply a demand someone has on another, i.e., a person or company. A claim often consists of a money claim, but it can also be a claim for a give or make a claim from undue payment or a claim for damages. A creditor is a person or company that is owed a …
If the father cannot care for and raise a child, or a child is seriously threatened in his development, termination of parental authority may follow. In several cases, mediation or other social assistance may offer a solution, but termination of parental authority is a logical choice if that fails. Under what conditions can the father’s …
Depriving father of parental authority: is it possible? Read More »
Flexible working is a sought-after employment benefit. Indeed, many employees would like to work from home or have flexible working hours. With this flexibility, they can better combine work and private life. But what does the law say about this? The Flexible Working Act (Wfw) gives employees the right to work flexibly. They can apply to the …
Employee wants to work part-time – what’s involved? Read More »
Acknowledgment and parental authority are two terms that are often mixed up. Therefore, we explain what they mean and where they differ. Acknowledgment The mother from whom the child is born is automatically the child’s legal parent. The same applies to the partner who is the married or registered partner to the mother on the …
Acknowledgment and parental authority: the differences explained Read More »
Employees have certain obligations to fulfill when they become ill and are sick. A sick employee must report sick, provide certain information and comply with further regulations. When absenteeism occurs, both employer and employee have rights and obligations. In outline, these are the primary obligations of the employee: The employee must report sick to the …
Every year, the government increases alimony amounts by a certain percentage. This is called indexation of alimony. The increase depends on the average increase in wages in the Netherlands. The indexation of child and partner alimony is meant to correct for the increase in salaries and the cost of living. The Minister of Justice sets …
#MeToo, the drama surrounding The Voice of Holland, the fear culture at De Wereld Draait Door, and so on. The news and social media are teeming with stories about transgressive behavior in the workplace. But what is the employer’s role when it comes to transgressive behavior? You can read about it in this blog. What …
Most people know what a collective agreement is, its benefits and which one applies to them. However, many people do not know the consequences if the employer does not comply with the collective agreement. You can read more about that in this blog! Is compliance with the collective agreement mandatory? A collective agreement sets out …
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Is dismissal allowed on a permanent contract? A permanent contract is an employment contract in which you do not agree on an end date. So your contract lasts indefinitely. With a permanent contract, you cannot be fired quickly. This is because such an employment contract only ends when you or your employer give notice. You …
When talking about property in the legal world, it often has a different meaning than you are usually used to. Goods include things and property rights. But what does this actually mean? You can read more about this in this blog. Goods The subject property includes goods and property rights. Goods can be divided into …
When two Dutch partners, married in the Netherlands and living in the Netherlands, want to divorce, the Dutch court naturally has jurisdiction to pronounce this divorce. But what about when it comes to two foreign partners married abroad? Recently, we regularly receive questions regarding Ukrainian refugees who want to divorce in the Netherlands. But is …
Divorce in the Netherlands for non-Dutch nationals Read More »
The labour market is constantly changing due to various factors. One is the needs of employees. These needs create friction between employer and employees. This causes the rules of labour law to have to change along with them. As of 1 August 2022, a number of important changes have been introduced within labour law. Through …
After seven sanctions packages introduced by the government against Russia, an eighth sanctions package has now also been introduced on 6 October 2022. These sanctions come on top of measures imposed against Russia in 2014 for annexing Crimea and failing to implement the Minsk agreements. The measures focus on economic sanctions and diplomatic measures. The …
Getting married is what you do when you are madly in love with each other. Unfortunately, it happens often enough that after a while, people no longer want to be married to each other. Divorce does not usually go as smoothly as entering a marriage. In many cases, people argue about almost everything involved in …
You are staying in the Netherlands and you like it very much. You may therefore wish to take up Dutch nationality. It is possible to become Dutch by naturalisation or by option. You can apply for Dutch nationality faster through the option procedure; also, the costs for this procedure are considerably lower. On the other …
Becoming a Dutch citizen sooner through an option procedure Read More »
Do you want to come to the Netherlands to work, study or stay with your family/partner? A residence permit can be issued if you have a legitimate purpose of stay. The Immigration and Naturalisation Service (IND) issues residence permits for both temporary and permanent residence depending on your situation. After continuous legal residence in the …
If the marriage ultimately does not work out, you and your partner may decide to divorce. This often results in an alimony obligation for you or your ex-partner, depending on your income. The alimony obligation may consist of child support or partner support. But for how long do you have to pay for it? And …
Would you like a highly educated foreign employee to come to the Netherlands to work for your company? That is possible! In this blog, you can read about the conditions under which a highly skilled migrant can work in the Netherlands. Knowledge migrants with free access It should be noted that knowledge migrants from certain …
You have made a large delivery to one of your customers, but the buyer does not pay the amount due. What can you do? In these cases, you can have the buyer’s goods seized. However, this is subject to certain conditions. In addition, there are different types of seizures. In this blog, you will read …
Divorce is almost always an emotionally difficult event. However, how a divorce proceeds can make all the difference. Ideally, everyone would like to get the divorce over with as quickly as possible. But how do you do that? Tip 1: Prevent arguments with your ex-partner The most important tip when it comes to divorcing quickly …
When you are stopped as a suspect by an investigating officer, he has the right to establish your identity so that he knows who he is dealing with. However, the arrest of a suspect can occur in two ways, red-handed or not red-handed. Red-handed Have you been discovered in the act of committing a criminal …
Sound sampling or music sampling is a currently widely used technique whereby sound fragments are copied electronically to use them, often in modified form, in a new (musical) work, usually with the help of a computer. However, sound fragments may be subject to various rights, as a result of which unauthorized sampling may be unlawful. …
What to do in case of unauthorized sound sampling? Read More »
You have received a summons and must soon appear before the judge who will rule on your case or you may want to start a procedure yourself. When is hiring a lawyer to assist you in your legal dispute a choice and when is hiring a lawyer mandatory? The answer to this question depends on …
Damage suffered at the hands of someone else, arrested by the police or wanting to stand up for your own rights: various cases in which the assistance of a lawyer is certainly not an unnecessary luxury and in civil cases even an obligation. But what exactly does a lawyer do and why is it important …
Under certain circumstances, an employee whose employment contract ends is entitled to a legally determined compensation. This is also referred to as transition payment, which is intended to facilitate the transition to another job or for possible training. But what are the rules regarding this transition payment: when is the employee entitled to it and …
Transition compensation for an employment contract: How does it work? Read More »
A non-competition clause, regulated in art. 7:653 of the Dutch Civil Code, is a far-reaching restriction of the employee’s freedom of choice of employment that an employer can include in an employment contract. After all, this allows the employer to prohibit the employee from entering the service of another company, whether or not in the …
Earlier we wrote a blog about the circumstances under which a bankruptcy can be filed and how this procedure works. Besides bankruptcy (regulated in Title I), the Bankruptcy Act (in Dutch the Faillissementswet, hereafter referred to as ‘Fw’) has two other procedures. Namely: the moratorium (Title II) and the debt restructuring scheme for natural persons …
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