Payment terms under restraints!
The Dutch Act implementing the Directive on combating late payment in commercial transactions (the ‘Directive’) recently entered into force. The Directive includes measures to prevent late payment in commercial transactions in the European Union. After all, late payments have a negative effect on the liquidity of undertakings. The Act which entered into force on 16 March 2013 applies to commercial transactions that are made after that date. The Act and the associated changes are explained briefly below. The implementation of the Directive in other EU countries will also be discussed.
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The Internet is everywhere and each day our digital footprint grows larger. At home, but also at work, we are making large-scale business and personal use of the Internet. Accessing the Internet and social media at work using a PC and/or smart phone provided by the company is increasingly just a fact of life. Employers are finding both opportunities for recruitment and selection, name recognition, in the use of social media by potential and current employees, and encountering risk from it, such as negative publicity. In this contribution we take a closer look at the boundary between business communications and personal expression in social media, its control by the employer, and the possible consequences for the employment relationship from the use of social media.
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Less than six months ago, the Dutch Liberal Party VVD and Social Democrats PvdA agreed in the Coalition Agreement to radically reform dismissal law and the Unemployment Insurance Act. The government wanted the changes to enter into effect on 1 July 2014. The Social Agreement that was recently concluded between social partners and the government contains yet other changes to these plans. Reformation of dismissal law and the unemployment benefit will not take place any sooner than on 1 January 2016. The provisions on succession of fixed-term employment contracts will be amended on 1 January 2015.
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On 29 April last, the Housing & Culture Advisory Committee handed in its reflection on the key version of the draft environmental code to the ‘Eenvoudig Beter’ (Simply Better) Program Management. The Housing & Culture Advisory Committee, of which Anne-Marie Klijn is a member, is one of five advisory groups established in 2011 by the Minister of I&M to make practical suggestions and reflect on the new code. The purpose of the environmental code is sustainable protection of the physical environment and the people living in this environment.
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Bill for a Directorship Disqualification Order under Civil Law: Political Posturing or a Real Weapon against Bankruptcy Fraud?
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In the face of official advice and an environmental impact report that were both negative, the go-ahead has been given for the construction of a large-scale recreational pier in the heavily-protected Bonaire National Marine Park. This means that Bonaire, part of the Caribbean Netherlands, could be in breach of national and international regulations, including the Ramsar Convention, the Cartagena Protocol and the International Coral Reef Initiative. At the request of the Bonaire National Parks Foundation (STINIPA Bonaire), Sea Turtle Conservation Bonaire (STCB) and more than 160 stakeholders on the island, Boekel De Nerée is taking legal action against various government decisions that are making the construction of this party pier possible. The World Wide Fund for Nature (WWF) is also supporting the proceedings.
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Major legal guides The Legal 500 and Chambers Europe have published their latest rankings. The results showed increased rankings for our Banking, EU & Competition and Real Estate practice groups. The guides also describes a number of our lawyers and practices.
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As of 1 April we have strengthened our London office with the relocation of real estate lawyer Dirk-Jan Gondrie. Dirk-Jan has extensive experience in commercial real estate work, principally investment acquisitions/disposals and landlord and tenants issues.
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The fourth edition of The Employment Law Review: Chapter 32 Netherlands
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Obligatory insurance of employers against traffic accidents
More and more employees are holding their employer liable for damage sustained in the course of their job. Damage can be sustained in different situations: on the workfloor or during a staff outing, but also in traffic that employees participate in within the context of their job. Some important judgments have been rendered in recent years, particularly in relation to the third of these situations. In this newsflash we take a closer look at the employer’s liability when an employee is involved in a traffic accident. Just how far does this liability extend?
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