Articles about Blog
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
The employer must agree to the request for part-time dismissal
Employment Matters
16 March 2020
Since the Supreme Court's Victoria ruling, an employee may, under certain conditions, be entitled to partial dismissal — and consequently to a partial transition payment — if his working hours are substantially and...
Attention required regarding a project clause in the employment contract
Employment Matters
12 March 2020
A project clause links the duration of an employment contract to the duration of a project. That is permissible, but case law scrutinizes such a clause strictly: if it is invalid, a temporary...
First shot rule also applies to quotation requests
Legal Affairs
March 11, 2020
In a 'battle of forms' between companies in the Netherlands, the first shot rule applies: the general terms and conditions of whoever refers to their terms first prevail — unless the other party...
What conditions can be attached to permission to transfer leasehold rights?
Legal Affairs
March 9, 2020
You can sell a leasehold right, but the landowner may stipulate in the lease conditions that transfer requires his consent. If he refuses without reasonable grounds, the subdistrict court judge may grant substitute consent...
What is the situation again regarding the introduction of a cafeteria plan?
Employment Matters
5 March 2020
Under a cafeteria plan, an employee exchanges part of their taxable salary for a tax-free allowance or benefit, such as a company bicycle. It yields a tax advantage,...
Is it useful to have an employee co-sign the NDA?
Privacy
March 4, 2020
An employee who signs an NDA on behalf of your company does not become personally liable — they sign for the employer. If you wish to bind an individual employee to confidentiality yourself, then...
What do you need to arrange when having a penetration test performed?
Privacy
March 2, 2020
Before having a penetration test performed, first arrange the legal basis: a written assignment with consent and a clear scope, agreements regarding liability and confidentiality, and, in the case of personal data, a...
Is the employer liable for damage caused by staff?
Employment Matters
28 February 2020
As an employer, you are in principle liable for damage caused by your employee to third parties during work (Article 6:170 of the Dutch Civil Code). This is strict liability: even without fault of your own, you can...
As a landlord, how do you avoid a closure under the Opium Act?
Legal Affairs
27 February 2020
If drugs are found in your rented property, the mayor can close the property pursuant to the Opium Act (Article 13b). As a landlord, you can limit this by in advance...
Employer responsible for suitability of home workplace
Employment Matters
24 February 2020
Even when working from home, you as an employer remain responsible for a healthy and safe workplace. The Working Conditions Act and the Working Conditions Decree apply to location-independent work, with a lighter regime: you must ensure...