14 Dec Newsletter Vestius December 2023
Main legislative changes in HR in 2024
There are also legislative developments for employment law in 2024. Are you interested to know what the most important legislative changes, updates and bills are for 2024 in HR field? Then please read this article.
If you would like advice on what these legislative changes, updates or bills mean for you, please contact our employment law specialists.
Excluding the Haviltex criterion
One of the most famous Supreme Court rulings is the 1981 ‘Haviltex judgment’. In that ruling, the Supreme Court found that the interpretation of a contract depends not only on the text, but also on the parties’ intentions and what they could reasonably expect of each other. The Haviltex criterion is an important tool used by lawyers and judges in disputes about the interpretation of contracts. The Supreme Court recently ruled on the question whether the Haviltex criterion may be contractually excluded.
Please contact Sander Pieroelie if you would like more information on this subject.
The study cost clause and the training obligation
Last year, on the introduction of the Transparent and Predictable Terms of Employment Act on 1 August 2022, the study cost clause was food for debate. Several court cases related to the study cost clause have since been conducted. A good reason to briefly revisit the study cost clause and the employer’s training obligation in this article.
Please contact our employment law specialists if you have any questions on this subject.
Online incorporation of a private limited liability company
For many years, private limited liability companies have been set up via a civil-law notary. Soon, this will also be possible online. It is explained in this article how this is done and what procedure must be followed.
Please contact Helger Kamerman if you are considering incorporating a private limited liability company online or would like more information on this topic.
Dismissal director a few months after his appointment
It is not uncommon for an employee to be asked during the course of his or her employment to agree to be appointed as a director. This is often regarded as a sign of trust, but the employee thereby loses his or her protection against dismissal. This recently occurred in a case before the subdistrict court of Overijssel, in which the director was dismissed a few months after his appointment. The court’s line of reasoning is addressed in this article.
Please contact Michiel van Haelst if you have any questions on this subject.