Newsletter Vestius April 2023

Deliveroo drivers work under an employment contract

The long-awaited Supreme Court ruling was issued on Friday 24 March 2023: Deliveroo delivery drivers are not self-employed, but are working under an employment contract. How the Supreme Court has ruled and what this ruling will mean in practice with regard to the question of whether or not an employment contract exists (the “qualification question”), will be explained in this article.

Please contact our employment law specialists if you have any further questions on this subject.

Bill: partnerships to be overhauled?

Partnerships in a new guise? The Dutch government wishes to clarify and modernise the legislation governing partnerships, so that it better reflects current practice. What are the main points of the bill to modernise partnerships? We have listed them for you in this article.

Please contact Sabine Chan or Sander Pieroelie if you have any questions about this Bill.

Arbitration board helps out blundering FC Groningen

An FC Groningen football coach was wrongly summarily dismissed at a time when his employment contract was supposed to last a further 31.5 months. The coach was entitled to full payment of his contract. The KNVB arbitration board nevertheless reduced his claim by 50%. The arbitration board did not take the Supreme Court’s standard into account.

Please contact Michiel van Haelst if you have any questions about this article.

Indexation clauses in leases, contracts and general terms and conditions

Indexation clauses provide that the price in a contract is automatically increased based on an objective criterion, often the CPI (inflation rate) of the CBS (Statistics Netherlands). Until a few years ago, hardly any attention was paid to these clauses, since the inflation rate was fairly stable. But that changed drastically in 2022. Many parties have already felt the effects of the sky-high inflation, for instance through rent increases. This article explains how indexation clauses work and offers various tips & tricks.

Please contact our contract law specialists if you have any questions about indexation clauses.

End of temporary measures for boards and general meetings based on the corona Emergency Act

Shortly after the outbreak of the corona crisis, the legislature adopted an Emergency Act containing a number of temporary measures, also pertaining to directors’ and shareholders’ meetings of companies. The legislature extended the Emergency Act by three months at a time. Most of these measures for BVs (private limited liability companies) expired on 1 February 2023. In this article we briefly inform you about the changes for directors and shareholders.

Please contact Sander Pieroelie if you have any questions about this article.