Settlement agreements – what you need to know

As more and more companies move towards reorganisations and redundancies, voluntary leave programmes and settlement agreements are becoming a common topic of conversation. So what should you do if you are offered a settlement agreement? Is it worthwhile accepting, and what are the consequences? Here are some essential considerations.

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9 Myths about Dutch law – busted

Truth or fiction? Our legal experts dispel some common misunderstandings about Dutch law.

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Mind the gap

When it comes to migration law, following the correct process is the best way to prevent problems. One common problem is a residence gap: an interruption of your continuous stay in the Netherlands. In practice, once you have a residence gap the damage is done; there is seldom a cure.

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Registered partnership: what you need to know

In recent years, fewer and fewer people are married in the Netherlands. At the same time, the number of people entering into a registered partnership is increasing. However, a registered partnership is relatively unknown outside the Netherlands. This article explains what the consequences of a registered partnership may be for you, what the differences between a marriage and a registered partnership are and how a registered partnership is dealt with abroad.

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Divorce in the Netherlands 2020 – what you need to know

Relationships can change at any stage of our lives, including while living in another country. If the time comes to get divorced, understanding your legal rights will help you achieve the best possible outcome.

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Reorganisation and redundancy in the Netherlands

Employees in the Netherlands enjoy strong legal rights. They can only be dismissed for a limited number of reasons (grounds). One such reason for dismissal is redundancy for business economic reasons, for example during a company reorganisation. This article explains the process employers must follow and why a settlement agreement can be easier than dismissal via UWV procedure.

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Losing your job in 2020 – key considerations

There’s not much worse than facing dismissal, except perhaps for losing your job now in the current crisis. Companies are failing, jobs are scarcer, and just getting to an interview is more complicated. As an expat, the threat to residence makes this an even bigger issue. So, if the worst happens, here’s what you need to know about your legal rights and options.

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Dismissal law in the Netherlands 2020

Dutch employment law has changed in 2020. With the introduction of a new act, the grounds for dismissal in the Netherlands have expanded. Here’s what you need to know.

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The (not so) amicable truth about divorce

Many people believe that they will be able to make the end of their relationship civil – but unfortunately, this does not always happen. Instead, escalating hurt and anger cause hostility and make communication difficult. In such circumstances, the divorce process is anything but friendly. This is where a good divorce lawyer can help.

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6 FAQ about coronavirus and work, home and business

The media is dominated by so much information about the novel coronavirus (Covid-19) that it’s hard to keep track of what it means in practice. Here are some clear answers to frequently asked questions about coronavirus and employment, property and business according to Dutch law.

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Say goodbye to shorter working hours – the WTV is discontinued

On 17 March 2020, the Dutch cabinet announced that the WTV scheme for shorter working hours has been discontinued. Instead, employers affected by the coronavirus can apply for a new temporary measure designed to support employers, employees and entrepreneurs.

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New job? Do the 5 point check

Being offered a new job is exciting, especially when it provides the next step to your career. You may want to sign the new contract immediately to secure the deal – but before you do, take a moment to quickly check these 5 points. They are key to your future rights at work.

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How to get divorced in the Netherlands – a guide for expats

If you want to get divorced, and you live in the Netherlands, you need to:

  1. Confirm if you can get divorced in the Netherlands
  2. Get a lawyer. You cannot represent yourself.
  3. Find out how to get the best possible divorce. This includes making specific agreements about your children and other important matters.
  4. Go through the legal process of a divorce.

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Why you don’t need a reason to get divorced in the Netherlands

According to Dutch law, it doesn’t matter why you want to get divorced. This fact surprises many expats. Antoine de Werd of GMW lawyers explains why this rule in Dutch law exists, and what it means for you.

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Changing employment conditions

When an employer and employee sign an employment contract, both are bound by this contract, including the terms and conditions of employment. So what happens when an employer wants to change the employment conditions that were agreed?

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When to call a lawyer about work

As an employee, you may be confronted with an unpleasant situation at work, such as a conflict, demotion or change in your employment conditions. In such circumstances, it can be difficult to know how to respond. Read more

Divorce and inheritance news for expats

Are you an international (expat) in the Netherlands? Are you going through a divorce? Have you received an inheritance or gift? If your answer to these questions is yes, read on…

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The seven things you need to check in your new employment contract

You’ve just got a new job, or perhaps you’re extending an existing position. You’ve just received a new employment contract. Before you sign your employment contract, there are some key clauses to which you should pay attention.

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GMW lawyers – the legal partner for expats in the Netherlands

Expats face the daily challenge of building a new life in a foreign country with unfamiliar rules. As a result, many people are unsure about their rights. That is fine when things go smoothly – but when the going gets tough, it may be time to call a lawyer.

Lawyers for expats

When a situation escalates past a certain point, it can become impossible to solve it alone. That’s when you need a legal partner who can help you to work it out.

GMW lawyers has been helping expats in the Netherlands to solve their legal problems for more than 25 years. With lawyers who have been expats themselves, we understand the specific challenges and needs of internationals living abroad, and offer a range of legal services to support you. Our lawyers are experts in their fields, with the knowledge and the experience to provide advice that you can trust.

Areas of legal expertise

GMW lawyers can assist you with family and inheritance law, employment and pension law, property and tenancy law, company and insolvency law and liability law.

Family law – Our divorce lawyers can assist you with family law issues ranging from pre-nuptial agreements to divorce, custody, partner alimony and child maintenance. Our inheritance lawyers can help you to deal with inheritance issues and advise you on your rights and obligations as an heir in the Netherlands. They can also advise you about estate planning, and specific issues such as appointing an executor or a guardian for your children.

Employment law – Our team can answer your questions about employment contracts, pensions and human resource policies. We can also help you deal with employment issues such as dismissal, performance, illness, non-competition clauses, outsourcing, collective bargaining agreements, privacy and discrimination. Our clients operate in virtually every industry and vary from knowledge workers, directors, corporate level executives and civil servants to entrepreneurs and independent professionals.

Property law – GMW lawyers can help you in all aspects of property law. Whether it is about the purchase, sale, construction, project development, financing or rental of property, our experts can help you find a solution. We work with: housing associations, property investors, property managers, project developers, construction companies, local authorities and private landlords.

Company law – Our corporate and insolvency lawyers contribute to the success of SME’s, large and small international companies, non-profit organisations, management boards, supervisory boards and shareholders. From contracts to commercial disputes, directors’ liability and financial problems, we will help you find the best solution for your business.

Liability law – If you have suffered damage caused by a third party, you need trusted advice to help you hold them liable. GMW lawyers can support you in the event of personal injury, breach of contract, work-related accidents, unlawful acts, group claims and directors’ liability. Our clients include private individuals, entrepreneurs, directors, principal shareholders and non-profit organisations.

How GMW lawyers helps expats

GMW lawyers team of legal experts can advise you on your rights and legal options, and offer mediation and/or litigation where needed.

If you’re just starting to investigate a legal question, we recommend discussing your case with a lawyer. They can advise you about your rights and help you decide whether or not to take legal action. Should you decide to proceed with your case, your lawyer can then support you throughout the process.

How to get started

Discuss your case with one of our expat lawyers. Submit your question online, start a conversation by phone on +31 (0)70 3615048 or make an appointment online via www.gmw.nl/en

 

This article was originally published on Iamexpat

Inheritance law for expats in the Netherlands – key considerations

Inheritance is fundamentally a difficult subject to think about, but as an expat with family in other countries, it can be even harder as you have to deal with contradictory and confusing international laws during a difficult time. Here are some key considerations to simplify inheritance law for expats living in the Netherlands.

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Employee stock option rights and termination

Have you been granted employee stock options, and are you now facing termination of your employment? Discover 5 key points to consider that will help you understand your rights regarding your stock options.

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9 Ways to lose your job in Holland

As an expat, the most common reason to move to a new land is work – but which country will protect your rights in the workplace when you are there? Expat employment specialist Godelijn Boonman explains what makes the Netherlands a great choice for international workers.

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Who will guard your child when you’re gone?

Historically, if you wanted to designate a guardian for your child, it had to be done by will. Today, a new option is available which makes this process cheaper and easier: appointing a guardian via the parental authority register.

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Top 10 FAQ about divorce in the Netherlands for expats

The world is global, and so are today’s marriages. When it comes to getting divorced this can make it complicated – but for those who wish to divorce in the Netherlands, there are 10 tips which help keep it simple. Marjet Groenleer answers the top 10 most frequently asked questions about divorce for expats living in the Netherlands.

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Why written notice is indispensable for employers

In a time when we accept VOIP calls, sound bites and instant messaging as standard work tools, it can be tempting to believe that a verbal discussion is sufficient – but this is not always true. In the case of ending a fixed term employment contract, written notice remains essential.

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Help! My ex-partner took my child abroad, what can I do?

The world is global, and so are today’s relationships. With more and more children born into international relationships, the number of travelling families grows. This explains the increase of the number of child abductions. So what can you do if you are the left-behind parent?

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Same-sex marriage & divorce

Is it always possible for homosexual couples to file a divorce in the Netherlands? Since 2001, Dutch law recognises marriage between two persons of the same sex. With recognition of same-sex marriage, the Netherlands also offers the possibility for same-sex couples to file for divorce.

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Things to consider when confronted with dismissal

Even though the Dutch economy is growing again, many companies are still dismissing employees. Godelijn Boonman highlights the top 8 things to consider when confronted with dismissal.

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Personal injury law in the Netherlands

The idea that personal injury claims are often settled through court procedures is an illusion. The reality is that in the Netherlands the vast majority – probably more than 90% – of personal injury law cases are actually settled out of court.

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Liability in a whiplash – 7 FAQs

Whiplash is one of the most common types of injury in traffic accidents, yet determining liability in a whiplash often leads to a long and complicated legal battle. In this blog I answer the 7 most frequently asked questions (FAQ) about liability in whiplash injuries.

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Business outings and liability

The first year’s results are in, and your company has outperformed all expectations. Now is the time to reward your team with a great celebration. But can you really afford the risk of a team outing this summer? Peter van Eijk offers expert insights on the issue of business outings and company liability.

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Attention divorcing Aussies!

Suppose you are an Australian, now living in The Netherlands. While you were living in Australia, you got married. During your marriage, you received an inheritance following your parents’ death in Australia. You’re now facing divorce in The Netherlands. Do you have to share your inheritance with your ex?

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Divorce: nowhere easier than in the Netherlands

There are an enormous number of things that make up a divorce. Not only the divorce petition itself, but also various further arrangements which the spouses need to agree upon. These include the parental contact, maintenance (alimony) and the allocation of assets. Agreeing on divorce arrangements is no easier in the Netherlands than any other country. However, obtaining a divorce in the Netherlands is easier.

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Recognising foreign spousal maintence decisions

What if a court in America or Switzerland or elsewhere has made a ruling on spousal maintenance and you want to invoke it to claim against their assets in the Netherlands?

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Pay your ex-partner’s divorce costs?

Most Dutch marriages are still based on community of property. But who pays the lawyers’ costs in the event of a divorce? Does this come under the marital estate or do the spouses pay their own costs?

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When does Dutch law apply to divorce?

Although Dutch divorce law stipulates rules about pensions, for internationals in the Netherlands going through a divorce, it may very well be that a different law is applied to the question of spousal maintenance from the law applied to the matrimonial property. In order to determine which law should be applied in respect of maintenance we need to consult other sources besides the Hague Marriage Convention of 1978.

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The non-competition or business relations clause

Many employment agreements contain a non-competition clause or business relations clause. Employees would usually prefer to not agree to such a clause but they want the job and don’t want to annoy their new employer, so they sign.

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Moving without your partner’s consent

If you share parental authority of your children with your ex-partner, moving into a new home with them is not straightforward and moving abroad without the consent of your ex-partner’s is viewed as child abduction.

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Buying a house in the Netherlands: defects

A horrible scenario: you have bought a house and later discover defects and deficiencies. What to do and who is to blame? Or more importantly: who is legally responsible?

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What to know before renting out your house

If you own a home in the Netherlands and plan to rent it out, there are certain things you should be aware of. Here are some of the key considerations.

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Death in the Netherlands – how to deal with inheritance issues

The death of a relative is never an easy thing to deal with, but can be even more complicated and distressing when you live in a foreign country. What does Dutch law say about succession and inheritance?

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Setting up a business in The Netherlands

Foreign companies who want to open a subsidiary company sometimes experience difficulty starting up their business in the Netherlands. The same goes for internationals in the Netherlands who wish to set up their own enterprise. It is not the business itself that presents certain issues, but the unfamiliar rules and regulations. Here are some key points to consider.

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Can your employer enforce a salary cut?

Can your employer enforce a salary cut? The good news is that, as a matter of fact, an employer cannot easily enforce such a measure.

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Housing: temporary vs permanent lease

When expats first move to the Netherlands, they often rent an accommodation while getting to know the area. As with many legal matters, tenancy laws differ from country to country. In general, the Netherlands is a country with strong protection for tenants. Broadly put, there are two types of leases: temporary and permanent leases. Most tenants are offered a temporary lease at first. So here’s what you need to know about temporary and permanent leases.

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Lawyers and alcohol? Not always a good combination

There are many rules governing alcohol in the Netherlands, from how old you must be to consume it to restrictions on how much you can consume before driving. There are also laws covering who can serve alcohol, where alcohol may be served and even when serving alcohol is permitted. But regulations don’t end there. Lawyers and other service professionals face extra requirements that don’t just cover how they represent their clients, but also how they should and should not behave on their own time.

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Employment contract: non-competition clause

The non-competition, or non-compete clause is a clause that can be included in an employment contract between employer and employee. This clause states that the employee is forbidden, both during his period of employment and thereafter, to be employed by or associated with a company that performs work or provides similar services to the business of the employer, and that therefore could be in competition with the business of the employer.

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Statutory indexation of child and spousal alimony

Each year, the Minister of Justice determines the alimony index. For 2018, due to inflation, the percentage is 1.5%. This means that the allowance concluded in your divorce convenant or court order has an automatic increase of 1.5% as of January 1, 2018. This percentage is based on the labor price index, determined by Statistics Netherlands (Centraal Bureau voor de Statistiek/CBS).

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Employee rights: more clarity on fair compensation

Since July 1 2015, under certain circumstances, employees have been entitled to fair compensation. A judgment by the Supreme Court in 2017 provided more clarity on how this compensation is calculated. This blog explains the situation in more detail.

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Renting a house in the Netherlands: defects

Suppose you have come to the Netherlands and you have found a great place that you start renting. But then issues arise: a leakage in the kitchen, the heating does not function properly and you have unwanted small furry guests gnawing on the beams in the attic. Who is to blame, or better yet: who is legally responsible?

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The Hague: international city of peace & justice

With the 100th anniversary of the Peace Palace the international allure of The Hague is very well visible. Besides the International Court of Justice and the Permanent Court of Arbitration, The Hague has another 200 international organisations, and 111 embassies and consulates.

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