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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 […]

Part-Time Work: Employee Rights Explained 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.

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

Employee Obligations During Sick Leave 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

Statutory Alimony Indexation Rules Explained 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.

Preventing Transgressive Behavior at Work #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

Know Your Rights: Collective Agreement Non-Compliance 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

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

Divorce in the Netherlands: Rules for Non-Dutch Nationals 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

Changes in Employment Law: What You Need to Know 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

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

How to Become a Dutch Citizen Step-by-Step Guide 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

How to Apply for Dutch Nationality: Eligibility & Documents 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

When Does Alimony End? Learn About Child & Spousal Support 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 to Fight Unauthorized Sound Sampling in Music? 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

When Should You Hire a Lawyer? 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

What Does a Lawyer Do? Legal Assistance Explained 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

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

How to Handle a Non-Compete Clause 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

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

General terms and conditions for B2B purchases As an entrepreneur you enter into agreements on a regular basis. Also with other companies. General terms and conditions are often part of the agreement. The general terms and conditions regulate (legal) subjects that are important in every agreement, such as payment terms and liabilities. If, as an

Recognition & Enforcement of Foreign Judgments Made Easy Can a judgment rendered abroad be recognized and/or enforced in the Netherlands? This is a frequently asked question in legal practice that regularly deals with international parties and disputes. The answer to this question is not unequivocal. The doctrine of recognition and enforcement of foreign judgments is

There are many things to consider when selling a business. One of the most important and most difficult elements is often the selling price. Negotiations can get bogged down here, for example, because the buyer is not prepared to pay enough or is unable to obtain sufficient financing. One of the solutions that can be

That a share merger involves a transfer of shares of the merging companies is clear from the name. The term asset merger is also telling, because certain assets and liabilities of a company are taken over by another company. The term legal merger refers to the only legally regulated form of merger in the Netherlands.

Once the decision to divorce has been made, there is much to be arranged and thus discussed. Divorcing partners usually find themselves in an emotional rollercoaster, making it difficult to come to reasonable agreements. It is even more difficult when there are children involved. Because of the children, you are more or less bound to

It is important that you have and maintain confidence in the Judiciary. That is why you can file a complaint if you feel that a court or a member of the court staff has not treated you correctly. You should send a letter to the board of that court. You must do this within one

What the Climate Case Against Shell Means The ruling of the District Court of The Hague in the case of Milieudefensie against Royal Dutch Shell PLC (hereafter: ‘RDS’) is a milestone in climate litigation. For the Netherlands, this is the next step after the groundbreaking confirmation of the Urgenda ruling by the Supreme Court, where

There are several aspects to having a child with the help of a sperm donor, such as finding a suitable donor or the insemination process. Another important aspect in this context is the legal relationship between the party who wants to become pregnant via insemination, any partners, a sperm donor and the child. It is

If you are planning to transfer a company to someone else or to take over someone else’s company, you may wonder whether this takeover also applies to the personnel. Depending on the reason why the company is taken over and how the takeover is carried out, this may or may not be desirable. For example,

Intellectual property rights exist to protect your creations and ideas from unauthorised use by third parties. However, in certain cases, for example if you want to have your creations exploited commercially, you may want others to be able to use it. But how much rights do you want to give others regarding your intellectual property?

In addition to our general article on the Supervisory Board (hereinafter ‘SB’), we would also like to focus on the role of the SB in times of crisis. In times of crisis, safeguarding the continuity of the company is more important than ever, so that important considerations must be made. In particular with regard to

The Supervisory Board (hereinafter ‘SB’) is a body of the BV and the NV that has a supervisory function on the policy of the management board and the general affairs of the company and its affiliated enterprise (Article 2:140/250 paragraph 2 of the Dutch Civil Code (‘DCC’)). The purpose of this article is to give

The statutory two-tier company is a special form of company that can apply to the NV and BV (as well as the cooperative). It is often thought that this only applies to internationally operating groups with part of their activities in the Netherlands. However, this does not necessarily have to be the case; the structure

Did the police detain you for days and do you now wonder whether this is done strictly by the book? For example, because you doubt the legitimacy of their grounds for doing so or because you believe that the duration was too long. It is quite normal that you, or your friends and family, have