Articles about Blog
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
These are the rules for sales outside the retail premises
Entrepreneurship
October 3, 2019
An obligation to operate a business in a lease agreement is in principle valid, but not always enforceable. A judge may set aside the obligation if continuation of the operation is factually impossible, or...
How can you grant a fixed expense allowance to staff?
Employment Matters
October 2, 2019
A fixed expense allowance for staff is permitted, but only if you substantiate the amount in advance with an investigation into the actual costs and repeat that substantiation as soon as circumstances change...
Benefits derived from third parties but granted by the employer = wages
Labor matters
September 30, 2019
Yes: a benefit that your employee receives from a third party, but which you as an employer grant or allow, is generally considered part of taxable wages. Think of tips, allowances...
Grounds for dismissal due to refusal to work cannot be cumulated
Labor Affairs
September 26, 2019
Under the WAB, the cumulative ground (ground i) cannot be combined with the ground for dismissal based on refusal to work due to conscientious objection (ground f). If you, as an employer, wish to dismiss an employee on the f-ground, you must...
Dispute between colleagues: is dismissal possible?
Labor Affairs
September 25, 2019
Yes, a dispute between colleagues can lead to dismissal, but never without reason. A conflict between employees (a horizontal disruption) can constitute valid grounds for dismissal if the relationship becomes seriously and...
Beware of simple undermining of the prohibition on right of retention
Legal Affairs
September 23, 2019
A prohibition on the right of retention stipulates that a contractor may not withhold an item in the event of non-payment, but in principle, such a prohibition is only effective between the parties who agreed to it themselves. Switches...
Pruning trees: the responsibility of the tenant/landlord?
Legal Affairs
September 19, 2019
The regular pruning of hedges, bushes, and fast-growing trees is, in principle, the responsibility of the tenant. This is stated as such in the Minor Repairs Decree: normal garden maintenance falls under...
Importance of a good franchise agreement proven once again
Contracts
September 18, 2019
A good franchise agreement determines whether your partnership with a franchise system develops into a successful business or results in a protracted conflict. The contract stipulates what the franchisor expects from you...
Copyright protection for shop fittings?
Entrepreneurship
September 16, 2019
Yes, shop fittings can be protected by copyright, but only if the design is sufficiently original and creative. Unlike trademark law, no registration is required for this: the copyright arises...
Employee reports illness via WhatsApp: is that valid?
Labor Affairs
September 12, 2019
Yes, reporting sick via WhatsApp can be legally valid. The law does not prescribe a fixed form in which an employee must report sick. What is decisive is not the channel, but whether it...