Newsletter Vestius December 2020

Interview with Henk Brat about Corporate Recovery practice

Many companies are facing financial problems due to the corona crisis. Sometimes restructuring is necessary to ensure the continuity of the company. In order to be able to assist clients optimally with this, Henk Brat has set up the so-called Corporate Recovery practice at Vestius Advocaten.

For more information about our Corporate Recovery practice, please contact Henk Brat.

Parties’ intentions no longer relevant to classification question

In assessing the existence of a working relationship it is no longer relevant whether the parties intended to enter into an employment contract. Instead, the courts bases its assessment on the rights and obligations on which the parties agreed.

For more information or advice on this subject, please contact Bart de Vroe or Anna Görgün.

New legislation for foundations and associations in the pipeline

The Wet bestuur en toezicht rechtspersonen (Legal Entities Management and Supervision Act) will enter into force in 2021. As a result, the liability regime for managing directors and supervisory directors of certain associations and foundations will be expanded. The supervisory boards of associations and foundations will furthermore be given a legal basis.

For more information or advice on this subject, please contact Paul Hendriks or Levi Schutz.

Government: labour market reforms required

The Dutch government acknowledges that the Dutch labour market needs to be reformed. The work pressure and the number of burnouts, for instance, will have to be reduced, the autonomy of employees must be increased and the combination of work and care must be improved, as must the position of payroll, agency and platform workers.

For more information or advice on this subject, please contact Eliza Akopova.

Recommendations regarding the transmission of personal data to “third countries”

Although the European Court of Justice has put an end to the EU-US Privacy Shield, companies may use model contracts when exchanging personal data with countries outside the EU, provided that they offer an equivalent level of protection. To guarantee this, the European Data Protection Board has drawn up a number of recommendations and measures.

For more information or advice on this subject, please contact Lise van den Heuvel.

Online seminar “Employment law in times of Corona” 

On 12 November, our employment law specialists organized an online seminar on the employment law consequences of the corona crisis. During a two-hour interactive session, the following topics were discussed:

  • Reorganization and the NOW
  • Unilateral modification of terms of employment
  • Recording (mandatory) vacation hours
  • Homeworking / Quarantine and Working Conditions Legislation
  • Flexworkers and average labour volume
  • Disease and AVG

The seminar was in Dutch. You can find the sheets of the presentation here:

We wish everyone happy holidays and thank you for the pleasant cooperation over the past year!