by Barbara Spliet | 30 January 2023 | Employment law
Inadequate performance by the employee may, under circumstances, be grounds for termination of the employment agreement. For a request for dissolution to succeed, a number of conditions must be met.
by Yvette Kouwenberg | 30 January 2023 | Employment law
Currently, the Act on Deregulation of Assessment of working relations (in Dutch: Wet DBA) is in place to (help) clarify the working relationship between principals and contractors. Unfortunately, in practice, the Act has not brought the clarity that was intended beforehand.
by Tessa de Mönnink & Annelies van Zoest | 30 January 2023 | Franchise, Commercial contracts
In our previous newsletters, we discussed the introduction of the Dutch Franchise Act (the “Act” or “Franchise Act”). This Act is effective as of 1 January 2021 and is of mandatory law. Some legal obligations were subject to an implementation deadline until 31 December 2022. This deadline has now expired.
by Silvie Wertwijn & Micheline Don | 20 September 2022 | Commercial contracts
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
by Renzo Ter Haseborg | 20 September 2022 | Employment law
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.
by Barbara Spliet | 20 September 2022 | Employment law
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.
by Yvette Kouwenberg | 20 September 2022 | Employment law
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 [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).
by Tessa de Mönnink & Annelies van Zoest | 20 September 2022 | Franchise, Commercial contracts
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.
by Yvette Kouwenberg | 7 June 2022 | Employment law
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.
by Barbara Spliet | 7 June 2022 | Employment law
In two recent judgments, the question of whether the agreed trainee contract should not be regarded as an employment contract was addressed.