Work where you like
Based on the legislative proposal for the Work Where You Like Act, employers will not be able to easily deny an employee’s request to work (more) at home or at the employer’s location.
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Franchise Act: no anticipation by court
As of 1 January 2021, the Dutch Franchise Act is in force. This Act regulates the relationship between franchisors and franchisees, mainly to protect the legal position of franchisees.
read moreTermination of employment contract by employee: employer’s duty of investigation
Termination of the employment contract by an employee must be clear and unambiguous. Without a clear and unambiguous statement aimed at termination of the employment contract, the employer cannot hold the employee to the termination of the employment contract.
read moreIs a descriptive trade name of any use to you?
Every company has one or sometimes several trade names, the names under which the company operates. This does not require registration; the right to the trade name arises by using it.
read moreCan a Deliveroo deliverer claim worker protection?
The case is about whether a Deliveroo deliverer should be regarded as a contractor or as an employee. An important issue, because an employee enjoys much more protection than a contractor. For example, an employee is entitled to protection from dismissal, to continued payment of wages in the event of illness and unemployment benefits. All this does not apply to a contractor.
read moreIntellectual Property and the impending BREXIT
The end of the Brexit transition period is near! Although the negotiations between the United Kingdom and the EU are still in full swing, several changes in the field of intellectual property have already become clear.k
read moreReintegration challenges during COVID-19
The Gatekeeper Improvement Act requires you to reintegrate an employee who is incapacitated for work due to illness. COVID-19 does not alter this, however it may cause you to face certain challenges during the reintgration process. For instance, how to reintegrate a sick employee when your business is closed as a result of governmental COVID-19 measures, such is the case in the hospitality industry? Particularily taking in mind that UWV can impose a wage sanction if UWV would deem the reintgration efforts as insufficiently after two years of illness.
read moreThe New Franchise Act: who owns goodwill?
The Franchise Act will (almost certainly) enter into force on January 1, 2021. This will be a historical event for the Netherlands, for it is the first actual Dutch Franchise Act. The impact of the new Act on practices of franchise organizations is major and requires adjustment not only as to method of operation but also of franchise agreements.
Franchise agreements must contain a clause on how goodwill, if any, must be assessed within the franchise company upon termination of the franchise agreement (Article 7:920 Dutch Civil Code).
Employee Participation Update
These are busy times for companies and employee participation bodies; many changes in employment conditions and reorganizations are taking place. However, these are not the only developments in the field of employee participation law.
read moreSchrems II case: consequences for the transfer of personal data to th
Last summer, the European Court of Justice ruled in the Schrems II case that US national law does not provide a level of protection essentially equivalent to that guaranteed in the EU. National law allows US government authorities to access personal data transferred from the EU to the US for national security purposes.
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