Prohibition of ipso facto-clause under the WHOA (the Dutch Scheme)
On 1 January 2021, the Court Approval of a Private Composition (Prevention of Insolvency) Act (Wet Homologatie Onderhands Akkoord or WHOA) entered into force. By introducing a “Dutch Scheme”, the WHOA makes it easier for a company in financial distress to get its creditors and shareholders to the negotiation table in order to agree upon a reduction of its debt burden. To that end, the WHOA provides several tools to facilitate the process and protect the interests of various stakeholders, such as the prohibition of ipso facto clauses.
For more information, please contact: Christina F.J. Oudakker
Ill due to an excessive workload: entitled to damages?
On 8 September 2022 the Court of Appeal of 's-Hertogenbosch awarded an ill employee damages amounting to EUR 28,155.36 gross. The employee in question had been working as a caregiver in a residential care centre for the elderly since 1 September 2007, where she performed care duties, solely/mainly during the night. She initially performed these care tasks together with a care assistant. From June 2016 she had to perform these care tasks by herself, without a care assistant. Due to the resulting excessive workload, the employee eventually became ill. Resumption of her own work turned out to be impossible. After 104 weeks of illness, the employer requested and received permission (from the UWV) for termination of the employment contract, following which the employment contract was terminated on 1 November 2021.
For more information, please contact: Suzanne Gerritse
HEUSSEN RANKED IN THE IFLR1000 ONCE AGAIN
HEUSSEN is proud to announce that it has been ranked in two practice areas in the IFLR1000 2022 edition. IFLR1000 is a guide to the world’s leading financial and corporate law firms and is focused on benchmarking law firms and lawyers on the basis of financial and corporate transactional work.
For more information, please contact: Sandy van der Schaaf
Security for legal costs by foreign parties
Legal proceedings often end with a verdict and an order for costs. The default rule is that the "loser" of the legal proceedings shall pay such legal costs. In legal proceedings involving two Dutch parties, enforcement of a verdict – and with that also the payment of the order to pay the costs – seldom poses a problem (unless the losing party has no recourse). That would be different if the losing party is domiciled abroad. If a foreign party loses legal proceedings in the Netherlands, this may cause enforcement issues, especially when no enforcement treaty applies between the Netherlands and the losing party’s country.
For more information, please contact: Luuk Rietveld
Update: Bill on the security screening of investments, mergers and acquisitions
In previous news items, I have discussed the bill on the security screening of investments, mergers and acquisitions (the Vifo Act). In my news item of 22 September 2021 I reported that the Vifo Act, together with the explanatory memorandum, had been submitted to the Lower House on 30 June 2021. On 19 April 2022, the Vifo Act was adopted by the Lower House and on 17 May 2022, the Vifo Act was passed by the Senate.
For more information, please contact: Rens M.R. Berrevoets
(Partially) paid paternal leave as of 2 August 2022
On 2 August 2022, the Paid Parental Leave Act entered into effect. This regulation allows parents with an employment contract to take (partially) paid parental leave for a period of 9 out of the total of 26 weeks of parental leave. The condition is that the paid parental leave is taken during the first year of the child’s life.
For more information, please contact: Sam E.J.M. van Well
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