Blogs

"What is your most important tip for works councils?" As a co-determination lawyer, I get this question regularly. My answer is always the same: make sure you're involved early. Not when all the plans are already on paper, but when there are still real choices to be made. Of course, the executive must follow the rules. Follow the Works Councils Act (WOR). Ask for advice. But those who really want to have influence need to be at the table earlier. When plans are still taking shape. When alternatives are still open. When external advisors have yet to receive their assignments. Because a works council that only wants to be involved at the advice request stage is often too late to make a real difference. Renate Vink-Dijkstra and I recently commented on a case in the JIN journal that illustrated this again.

Governance involves organizing an entity in such a way that the quality of management and its supervision is ensured. In recent years, this has become an increasingly important topic in the healthcare sector. The idea is that good governance will improve the quality of care. There are several points of attention for the healthcare sector to consider, which will be discussed in the blog series on Governance in Healthcare. This blog will discuss the Healthcare Governance Code.

The growth of companies, both nationally and internationally, increasingly leads to questions in our practice about the role of employee participation in these corporate groups. Sometimes employee participation is confronted with decisions made elsewhere in the group or even with decisions where it is unclear where in the group they were made. These decisions can have consequences for the company where the works council is also established, but the question is whether the works council can play a role in this. Solutions have been developed in case law for this.

Many shareholders' agreements include provisions for the event that a shareholder leaves. It is usually agreed that this shareholder is obliged to transfer their shares to the other shareholders or the company. The price that a shareholder receives from the other shareholders or the company often depends on the reason for their departure. A shareholder who has proven their value to the company and has adhered to the agreements ('good leaver') usually receives a higher price than someone who leaves due to, for example, fraud, theft, dismissal as a director or employee, or failure to comply with the agreements ('bad leaver'). A recent ruling by the Amsterdam District Court confirms the importance of properly documenting such agreements in the shareholders' agreement.

On February 7, 2024, the Supreme Court ruled on the protection of whistleblowers. This is the first time the Supreme Court has ruled on the Whistleblower Protection Act (Wbk). This law, among other things, stipulates that a whistleblower cannot be dismissed because of their report. But how far does that protection extend?

It often happens that a municipality decides to designate a house or building as a monument, while the owner is absolutely against it. Many owners feel that such a designation infringes on the core of their ownership. "It's my house, isn't it? How can the municipality just decide that my house becomes a monument, with all the associated restrictions?" This is a frustrating realization, and not everyone is willing to accept such a decision.

Rent is defined in the law as an agreement in which one party, the landlord, commits to giving the other party, the tenant, the use of a property, and the tenant commits to providing a consideration.

In a recently published ruling by the Rotterdam District Court, the question was whether there was an employment contract or a contract for services between a wholesale company in fruits and vegetables and a sales manager.

In practice, we regularly receive questions about the possibilities of imposing a wage sanction if an employee does not cooperate with their reintegration. Firstly, there is often confusion about the difference between wage suspension and wage stop, but employers also regularly wonder if a wage stop is the right route in a particular situation.