Newsletter Vestius February 2024

Escaping dissolution proceedings abroad: serious culpability

In cases of dismissing employees residing abroad, a foreign dismissal procedure may sometimes be required, which does not align well with Dutch practices. Recently, an employer had to pay a fair compensation of € 470,000 because the employer unilaterally terminated the employment to avoid a foreign procedure. The court emphasizes the importance of amicable settlements and warns of high costs associated with avoiding foreign termination procedures.

For questions or advice on this subject, please contact Michiel van Haelst.

Interpreting general terms and conditions: the Supreme Court clarifies

The user of general terms and conditions often gets the short end of the stick when it comes to interpreting unclear terms and conditions. The idea is that the party that draws up general terms and conditions must ensure that the content is clear. The Supreme Court recently interpreted general terms and conditions in favor of the user. Vestius explains!

For questions or advice on this subject, please contact Sander Pieroelie or Sabine Chan.

Writing off taken vacation days sick employee

At the end of 2023, the Supreme Court answered the question of whether an employer may write off an employee’s vacation days in the situation that the employee’s requested vacation has already been approved, the employee subsequently becomes ill and still enjoys his vacation with the company doctor’s permission. Curious about the answer? Then read this article.

If you have any questions about this subject and/or if you are unsure whether you can write off sick days as holidays, please contact Puck Keurentjes or one of our other employment law specialists.

Inflation Adjustment and Employee Salaries

Inflation adjustments are usually granted at the beginning of the year, but is an employer actually obligated to apply an inflation adjustment to employees’ salaries?

For questions or advice on this topic, please contact Anna Görgün.

Vifo Act: guides for security assessment

With the enactment of the Security Assessment for Investments, Mergers, and Acquisitions Act (Vifo Act) on 1 June 2023, mergers and acquisitions are now subject to a security assessment in the Netherlands. Companies subject to the Vivo Act are required to report their transactions to the Bureau for Investment Assessment (BTI). However, uncertainties have arisen regarding the interpretation of certain terms. In response, the BTI has developed guides to clarify the application of the Vifo Act.

For questions or advice on this subject, please contact Helger Kamerman.