Publication date: 20 March 2020
The measures introduced to control the spread of the coronavirus are becoming increasingly strict. What do you, as an employer, have to take into account? More than you think! Read our article in the newsletter for SMEs by Ondernemersbelang.
The measures introduced to control the spread of the coronavirus are becoming increasingly strict. Social life comes to a halt. The catering sector is shut down and company and retail turnover is declining, except for supermarkets and pharmacies. What do you, as an employer, have to take into account? More than you think! Read our article in the newsletter for SMEs by Ondernemersbelang.
The big question is how to prevent your company from damage. What if your supplier cannot meet his obligations? Check your contracts whether in that case you can recover the damage from your supplier. Also check what happens if you cannot meet your obligations yourself because your personnel is sick at home or you cannot deliver, for instance due to a production problem. Does the corona crisis qualify as force majeure and you do not have to meet your obligations? Does your insurance cover this risk?
Do you know how to limit the consequences for your company? Reduction of working hours, (mandatory) taking of holidays, recourse to the SME credit guarantee scheme, dismissal for commercial reasons. Which measure can you take and when?
Can you oblige an employee to get tested for the coronavirus? Are you allowed to deny employees access to the company? And do you have to pay the costs for stay and accommodation if your employee is quarantined during a business trip? And what if an employee has to take care of infected family members? Emergency leave as well as short and long-term care leave may play a role. Are you liable if one of your employees has the virus and has infected other colleagues or customers? And there are other points to consider.
Who takes responsibility for the rent if your company has to shut down or the turnover is declining? Does it matter if you shut down the store yourself or are forced to do so? Can you, as a lessee, claim moderation of the rent?
Working from home often means working online. Cyber security is at risk. Contacts with business partners will also take place online, in particular with foreign partners. The more people work from home, the more vulnerable your business data will become for hackers. Are you liable if your company is not only hit by the coronavirus but also by a computer virus?
Most courts are closing the doors, but, in principle, the deadlines remain unchanged.
In many cases the answer will depend on the situation of your company and your insurance policy. We will therefore be happy to answer your questions about preparing for and limiting potential risks for your company. Please contact our specialists Reinier W.L. Russell, LL.M. (firstname.lastname@example.org and 020 – 301 55 55), Jan Dop, LL.M. (email@example.com and 020-301 55 55) or Priscilla C.X. de Leede, LL.M. (firstname.lastname@example.org and 020-301 55 55). Please consult our webpage on the coronavirus for tips and the latest updates.
The number of cases of infections is rising steadily in the Netherlands too. What could be the consequences for your business and your employees? What do you, as an employer, have to take into account?read on
In the last issue of Stare Decisis, Priscilla de Leede of Russell Advocaten, Mary Edenfield of Mateer Harbert and Ed Belam of Marriott Harrison discuss the most important topics to include in your employment contracts regarding the termination of the contract. There are some important differences to take into account!read on
Directors and members of the supervisory board support shareholders in an advisory capacity. From 1 July 2021 this also applies to directors and supervisory board members of associations, foundations and cooperatives. What are the consequences if the shareholders make decisions disregarding this advisory role?read on
It is important to use clear and unambiguous language in agreements. This has once again been demonstrated by a recent judgement of the Supreme Court. Because of ambiguities in franchise agreements, franchisees of Albert Heijn may have lost millions.read on
On 10 November 2020, the Dutch Senate adopted the bill on the management and supervision of legal entities. This affects all associations and foundations, but, above all, nonprofit organizations. As an officer of a sports club, are you now more likely to be liable? Do you have to meet additional requirements when you are a member of the supervisory board of a school?read on
A sick employee may not be dismissed. However, an employee who knows of imminent dismissal, cannot avoid this by reporting sick. But when does the employee know that this is the case? This question was central to the court case concerning the dismissal of a CFO of Volksbank.read on
If your employee reports sick, this may raise many difficult questions. What are your reintegration obligations during the sick leave period? What are you allowed to record about your sick employee with regard to the privacy legislation? We answered these and other questions during a webinar. Watch the video!read on