PRACTICE AREAS
LABOR LAW
Labor law regulates the rights and obligations between employers and employees. Also known as labor laws, these rules are primarily intended to protect employees and ensure that they are treated fairly, although there are also laws to protect the interests of employers.
If an employer wants to hire someone, he needs to know a lot. The employer has a number of special obligations with regard to the employee. For example, he is obliged to behave like a good employer. Furthermore, the employer must pay at least the minimum wage and minimum holiday allowance. There are laws that prohibit employers from discriminating against job applicants or employees based on certain characteristics. The Working Conditions Act obliges the employer to provide a safe working environment. Of course, we should not forget the rules about probation, holidays, notice periods and dismissal, for example. Employers often don't even know what they don't know. With so many rules to adhere to, employers are often overwhelmed.
At the same time, workers want labor laws to be enforced. They may need help from a lawyer to understand what the laws are and whether their employer has broken the law. Because what happens if you are suddenly fired, for example? Can the employer just fire you? And are you entitled to severance pay? You may also be sick for several months and not be able to work. Will your salary continue to be paid? If you feel that the employer is not complying with the agreements made, or if you want to know what to do if your employee is performing poorly, please feel free to contact us.
LAW OF CONTRACTS
Few areas of law require as much attention to detail as contract law. A contract is a legally enforceable agreement between two or more parties where each assumes a legal obligation that must be fulfilled. Many aspects of everyday life involve contracts, including buying real estate, having your home remodeled, signing employment-related papers, and agreeing to terms and conditions when purchasing products and services. It's a fascinating area of law because we enter into hundreds of different legally binding contracts over our lifetime, sometimes without even knowing it. The contractual agreements and / or the applicable laws serve to prevent / solve any problems.
Legal issues related to contracts most often arise when a party fails to comply with the legal obligation to which it has agreed. When one party violates a contract by failing to perform, the other party can often claim damages or, in a limited number of cases, ask the court to compel the other party to perform as promised. Contracts can also be the source of legal disputes if they are not clearly written. Parties who misunderstand the terms of their agreement can sue each other and go to court. For example, contractual disputes can ultimately lead to (high) costs / debts.
If you are faced with a legal problem related to a contract, or if you would like to have a contract or general terms and conditions as transparent, clear and watertight as possible, please feel free to contact us.
COMPANY AND COMPANY LAW
Many think that corporate law is only intended for large companies, but in reality it goes much further than that. Corporate law affects every company, from the local baker to multinationals such as Shell. When a baker registers his business with the Chamber of Commerce, he has performed an act under corporate law, namely incorporation.
The practice of corporate law covers general business matters such as company formation, the rights of directors and shareholders, articles of association, board meetings, secretarial matters, and the public listing or delisting of companies. Corporate law also includes mergers and acquisitions, the rights of the works council (in combination with employment law), annual accounts law, and so on.
In summary, corporate law is a bundling of rules that a company must adhere to. For example, all shareholders must be convened for a meeting in a legally correct manner. A decision taken during a shareholders' meeting, where not all shareholders have been convened in a legally correct manner, can be declared invalid (through the intervention of the court). An example is the right of directors to place items on the agenda: directors have the right to place items on the agenda of the shareholders' meeting. Both cases are of course different if you are dealing with a major shareholder (a shareholder who owns all the shares).
Even after a company has unexpectedly gone bankrupt, corporate law continues to apply. The director (s) can be held liable for certain actions that they have performed during their years of service. At Legal Point we understand your concerns as a director and / or shareholder and we will go to great lengths to address your concerns. Please do not hesitate to contact us.
CONSUMER LAW
Everyone has to deal with consumer law, because everyone sometimes buys products in the store or online through a web store. As long as the purchased product or service meets your expectations or the agreements made with you, nothing is wrong. But what can you do if your purchase does not meet expectations at all? Or when problems arise with a product?
Consumer law regulates the rights and obligations of consumers and the obligations of a professional party in trade. Consumer law is very important for both consumers and professional parties. It is important for consumers, because the law simply gives more rights and more far-reaching protection to the consumer than to a professional party. This is because the consumer is generally 'the weaker party' when concluding an agreement with a professional party. For example, the consumer is free to choose between replacing or repairing a product if there is something wrong with it. A consumer can also claim that a product bought by him does not meet his expectations, for example by means of advertising material. In addition, the law sets a number of requirements that the content of the general conditions must meet. The so-called gray and black list is very important here. The black list includes provisions that may not be included in the general terms and conditions and are therefore explicitly prohibited ("unreasonably onerous"). The gray list includes provisions that are suspected of being "unreasonably onerous" and are in principle not prohibited.
It is important for professional parties, because they need to know what their obligations are when offering, promoting, selling products and providing service after entering into the (purchase) agreement.
We can offer you assistance with the following topics, among others:
Dissolve, destroy or explain the agreement
Guarantee
Default
Reflection period
Non-conformity
Fraud, scams and deception
(Applicability of) general terms and conditions
Collection costs
Liability, compensation and fine
COLLECTION LAW
Unfortunately, sooner or later every entrepreneur will run into it: customers who do not pay. This can be very annoying. Especially if you have already delivered your service or product and incurred costs for it. Your company may even run into problems due to this type of payment arrears. But it can also happen that a collection agency charges incorrect collection and other costs or puts you under considerable pressure to pay anyway. You may feel intimidated and you are not supposed to.
The collection right concerns the extrajudicial collection of monetary claims. A collection agency is a company that collects outstanding receivables (debts). It does this mainly on behalf of a creditor. You can hire a collection agency to collect the money, but the downside is that they can do very little. In addition, anyone in the Netherlands can start a collection agency (even with a criminal record), because there are no legal requirements for this. Calling in the wrong collection agency can therefore entail unpleasant risks for your outstanding claim. For example, they can demand far too high amounts for their services, while that is not allowed at all on the basis of the Scale Extrajudicial Collection Costs. Or they make unclear agreements and are not easily accessible. Partly because of this, many collection agencies have a bad reputation.
Are you dealing with an account that remains unpaid? Or do you feel intimidated by a collection agency? Please do not hesitate to contact us. We can assist, advise and guide both private individuals and entrepreneurs with all problems concerning debt collection law.
DAMAGES AND LIABILITY
Not everything runs smoothly. Every person and every entrepreneur runs risks and can be held liable for certain damage or errors made. You could have an accident while at work, be the victim of a medical malpractice or a contract could be broken. If that is the case, the question arises who is responsible for it. The injured party naturally wants to see compensation for the damage caused, while the perpetrator wants to minimize the risk of claims and their consequences. The legal starting point is that everyone bears his own damage. However, there are many exceptions to this, namely if someone else is liable for this damage. Liability law contains rules to be able to recover your damage from someone else.
Repair or compensation for damage can be done in many areas:
Breach or breach of contract
Unlawful act
Traffic liability
Employer's liability
Medical Liability
Liability in construction
Product Liability
Corporate and professional liability
Risk Liability
Personal injury
Fraud
Determining the damage
Would you like advice about damage you have suffered and whether you can claim compensation? Please do not hesitate to contact us.
RENTAL RIGHT
Is the landlord free to unilaterally terminate the rent? Can the landlord increase the rent? Who must repair a defective water supply in the rented house, or have it repaired, the landlord or the tenant? In what state can the tenant leave the rented space at the end of the lease? Is the tenant liable for damage to the rented space? These are all questions related to tenancy law.
Tenancy law is concerned with all rental rules. The landlord and tenant must record their agreements in a rental agreement. The tenancy agreement is an agreement in which one party, the lessor, commits to the other party, the tenant, to provide an item (or part thereof) for use and the tenant commits himself to a consideration. In everyday practice, rental agreements are frequently concluded. Think of the student who rents a room in a student house, the shopkeeper who rents a retail space, but also of the private person who rents a car. It is therefore logical that the lease also plays an important role in legal practice.
The relationship between a landlord and a tenant is not seen as equivalent by the legislator. For example, precautions have been taken to prevent the landlord from taking advantage of the tenant's weaker position. This is also referred to as tenancy protection. Nevertheless, for both the landlord and the tenant, there are rules in the law that the parties must adhere to. A landlord has the obligation to make the rented property available and keep it available for the tenant, to provide enjoyment and to take care of the maintenance of the rented property. The latter means that the landlord must, where possible, remedy defects at the tenant's request. The landlord is responsible for (major) maintenance. On the other hand, a tenant must behave like a good tenant and must ensure timely payment of the rent, or pay any other agreed consideration in a timely manner. The tenant may not cause damage to the rented property or cause nuisance. The tenant is also responsible for minor maintenance.
However, these are by no means all the rules. The obligations that the landlord and the tenant must adhere to by law are extensive and complex. In addition, different rules apply to different forms of rent. It is therefore impossible to be complete on this page. Are you unsure about (a provision in) your tenancy agreement? Or are you dealing with a tenant or landlord who does not fulfill the agreements made? We are happy to help you draft and / or check a rental agreement and advise you on all aspects of tenancy law. Please do not hesitate to contact us.
FLIGHT DELAYED OR CANCELED?
Has your flight been delayed, has your flight been canceled or overbooked or have you been refused against your will? Then you may be entitled to compensation under Regulation 261/2004. This legislation protects the rights of air passengers. The regulation is European law, so it only applies if you are flying from an EU country or flying outside the EU to an EU country with a European airline.
In the event of a delay of 2 hours or more extra waiting time from the departure dike, or in the event of cancellation or overbooking, you are entitled to care. This includes food and drinks as well as two telephone calls, two faxes or two e-mails and (if necessary) an overnight stay and transfer. In the event of a delay of more than 5 hours, cancellation or denied boarding, you may choose between a full refund of your ticket within 7 days or a replacement flight.
If you reach your destination at least 3 hours later than the originally scheduled time, you may also be entitled to (damage) compensation. The amount of the compensation depends on the flight distance and can amount to € 600 per person.
In exceptional circumstances (force majeure), you are not entitled to compensation. Unfortunately, it often happens that an airline wrongly invokes force majeure. After all, they try to get out of their responsibilities to pay out hundreds of euros in damages. In such cases, the air carrier must prove that such an extraordinary circumstance actually occurred and that, despite taking measures, they could not avoid the delay or cancellation of the flight.
As of January 1, 2021, the EU rules on air passenger rights will no longer apply in the event of denied boarding, cancellation or delay for flights from the UK to the EU operated by an airline from the UK or another country outside the EU, even if you booked your flight before that date. The EU rules will continue to apply after 1 January 2021 if your flight from the UK to the EU was operated by an airline from the EU, unless you have already received compensation or benefits under UK law.
CORONA LAW
COVID-19 / SARS-CoV-2 (popularly called “corona”) has disrupted and changed our society. Business and non-business relationships are affected. The situation regarding corona is comparable to the economic crisis in 2007-2008. Nobody knows for sure how long it will take for our society to return our lives to the old level.
The corona crisis has created new dilemmas and new (legal) questions. Is an employer allowed to reduce wages unilaterally? Are tenants entitled to a rent discount? And what can you do if your travel organization does not want to cancel your trip to an orange area? These kinds of questions lead to the development of corona-related statements.
There are now also legal regulations created by the corona pandemic. For example, the government has set up the so-called Emergency Bridging for Employment (NOW) and Temporary bridging scheme (Tozo) for self-employed persons (Tozo) scheme. The NOW is there to compensate employers who are dealing with a loss of turnover of at least 20% in their wage costs due to the corona crisis. This means that employees with a permanent and a flexible contract are paid and retained as much as possible. The Tozo is for self-employed persons and provides a supplementary benefit for living and / or a loan for working capital if the income falls below the social minimum due to the corona crisis.
Do you have questions about the consequences of the coronavirus for your organization or do you have other (employment law) questions? Please do not hesitate to contact us.