Earlier clarity on reintegration obligations for small and medium-sized employers
Recently the Minister of Social Affairs and Employment announced several intended legislative amendments. One of the proposed amendments concerns the possibility for small and medium-sized employers (up to 100 employees) – after the first year of illness – to enter into mutual agreement with their ill employees to finalize reintegration in the first track, if this reintegration no longer seems appropriate. In concrete terms, this means that in such cases, the ill employee will no longer be required to reintegrate back to work with the help of the employer in order to resume his/her duties within the current organization.
Se puede contactar: Suzanne Gerritse
PROVISIONALLY ENFORCEABLE JUDGMENT
Legal proceedings usually end with a judgment. If the judgment is not voluntarily complied with, the bailiff can enforce the judgment. The bailiff then proceeds with the execution of the judgment. The enforcement of a judgment is suspended in the event that the party against whom judgment has been given lodges an ‘ordinary legal remedy’ (opposition (verzet), appeal (hoger beroep) or cassation (cassatie)), unless the judgment has been declared provisionally enforceable. In practice, a significant number of judgments are declared provisionally enforceable. What exactly does this mean and what are the (im)possibilities when a judgment has been declared provisionally enforceable and the execution of the judgment has already begun?
Se puede contactar: Luuk Rietveld
Unilateral termination of current agreements under the WHOA (“the Dutch Scheme”)
The Act on the court approval of private restructuring plans (Wet Homologatie Onderhands Akkoord or WHOA) makes it easier for a company in financial distress to sit down with its creditors and shareholders at the negotiating table in order to agree upon a reduction of its debt burden. The WHOA, also known as the “Dutch Scheme”, provides various tools for effective restructuring, such as the unilateral termination of current agreements.
Se puede contactar: Christina F.J. Oudakker
TEMPORARY ACT COVID-19 PARTIALLY EXPIRED - DIGITAL MEETINGS OF THE GENERAL MEETING STILL POSSIBLE?
On Feb. 1, 2023, certain provisions of the Temporary COVID-19 Justice and Security Act (hereinafter: Temporary Act) expired. As a result, among other things, the provisions for legal entities with regard to (digital) meetings are no longer in force and these legal entities must fall back on what is stipulated by law and in their articles of association.
Se puede contactar: Martina F.M. Priekaar
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.
Se puede contactar: Christina F.J. Oudakker
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