Newsletter Vestius November 2022

Contracting in the face of longer delivery times and rising purchase prices

The world is getting smaller. Events abroad – a war, the Suez Canal blockade – lead to delivery problems and higher cost prices in the Netherlands. In this article we address the position of buyers and suppliers in business-to-business contracts in the face of longer delivery times and rising purchase prices.

Please contact Sander Pieroelie or Sabine Chan for more information or advice on this subject.

Illness by intent: impossible to prove

An ill employee’s wage may be withheld if the employee intentionally caused the illness. However, it is not readily assumed that an illness was caused intentionally. The Rotterdam District Court, for instance, recently ruled in preliminary relief proceedings that no intentional incapacity for work was involved in the case of an employee who underwent breast reduction surgery abroad and called in sick the day after the procedure. More information on this subject and on the ruling in question is provided in this article.

Please contact Michiel van Haelst for more information or advice on this subject.

ESG reaches the boardroom 

Climate change, diversity and inclusion. These topics not only reflect important themes in the social debate, but have now also reached the boardroom. Companies will have to think about the impact that their operations have on society. The Dutch and European legislatures are now nudging them in that direction. An update to the Corporate Governance Code has been proposed, for instance, and a Corporate Sustainability Due Diligence Directive is in the pipeline. The impact that these proposals will have on your company’s strategy and policy is addressed in this article.

Please contact Lusine Shahbazyan or Helger Kamerman if you have any questions after reading this article or would like to consult on the impact of this development on your business.

Breaking off negotiations on an employment contract

An employment contract is formed by an offer and acceptance of that offer. The parties frequently negotiate within that framework, whereby all kinds of undertakings are given. Is an employer free to break off these negotiations without any consequences? Read all about it in this article.

Please contact Puck Keurentjes if you have any questions on this subject.

#MeToo and the amicable corporate culture

We were first introduced to #MeToo exactly five years ago. Since then, sexually transgressive behaviour in the workplace has increasingly been in the limelight. Accused employees often tend to argue that the “easy-going” corporate culture is to blame for their behaviour. Is such a defence likely to succeed and what role does the employer play here?

Please contact Lise van den Heuvel for more information or advice on this subject.