New EU consumer legislation
The new Enforcement and Modernisation Directive 2019/2161, also known as the Omnibus Directive, aims to update consumer protection rules and to improve legal protection of consumers
read moreNews
New legislation: ban on secondary employment unless there is an objective reason
As of 1 August 2022, the legislative proposal to implement the Directive on transparent and predictable employment conditions in the European Union will be in force. This has led, among other things, to the introduction of a new Section 7:653-a of the Dutch Civil Code.
read moreRefunding study costs by employees limited by new legislation
It used to be quite common – especially in the case of the more expensive courses – for employers to agree with employees that upon termination of the employment contract, the employee would refund (part of) the study costs. As of 1 August 2022, the Transparent and Predictable Employment Conditions Act (Wet transparant en voorspelbare arbeidsvoorwaarden) will severely limit the possibility to recover such costs from the employee.
read moreIllegally Obtained Evidence II
The possible unlawfulness of evidence is, in principle, secondary to establishing the truth in employment law. The admissibility of evidence was yet again recently raised in another case before the subdistrict court of Haarlem[2] [PA2] (albeit briefly). In the case in question, the employee clocked in with his personal pass after entering work, then logged in on his computer and regularly left work again via an emergency exit (without a pass reader).
read moreFRANCHISE ALERT: January 1, 2023 is the deadline for implementation of the Dutch Franchise Act. Is your franchise agreement compliant?
The Dutch Franchise Act went into effect on January 1, 2021. The Act is mandatory law and franchisors and franchisees were required to conduct themselves in accordance with the Act as of that date. Specific contractual adjustments also had to be implemented immediately in new franchise agreements and renewal agreements. A two-year transition period applies to current franchise agreements. This expires on January 1, 2023. Franchise organizations still have three months to comply with the implementation obligation.
read moreIllegally obtained evidence
In employment law, unlawfully obtained evidence generally counts as evidence because fact-finding generally outweighs the right to privacy. However, the sub district court of The Hague recently ruled differently. In that particular matter, an employer had secretly recorded a number of telephone conversations of one of its employees working as a sales representative.
read moreInternship agreement or employment contract?
In two recent judgments, the question of whether the agreed trainee contract should not be regarded as an employment contract was addressed.
read moreTightening of statutory payment terms from 60 to 30 days as of 1 July 2022
On 1 July 2017, the Act to amend Book 6 of the Dutch Civil Code in connection with combating unreasonably long payment terms entered into force. This was a private member’s bill regulating that large companies cannot agree on a payment term of more than 60 days in their commercial relationship with SMEs in situations where the large company acts as debtor and the SME acts as creditor
read moreSupreme Court: Lookalike is a portrait after all
Two years ago we already wrote about the portrait of our national Formula 1 hero Max Verstappen. In 2016 delivery supermarket Picnic had posted a video on social media showing a lookalike of Max Verstappen.
read moreStricter (online) consumer protection rules: ban on false reviews and information obligation on personalised offers
On 28 May 2022, the implementation Act for modernising consumer protection will enter into force. The Act sees to the implementation of the EU Directive as regards the better enforcement and modernisation of Union consumer protection rules (2019/2161).
read more