Your lawyerReinier W.L. Russell, LL.M.
Reinier Russell advises national and international businesses on all facets of their day-to-day business operations. He has a broad range of specializations in questions regarding businesses, personnel, real estate, and government. He has been a lawyer since 1990. In addition, Reinier is certified as a mediator.
t: +31 20 301 55 55
What will be the changes for entrepreneurs and employers in 2021?
Like every year, on 1 January there will be the necessary changes in laws and regulations. In this blog, we will give you the most important changes for entrepreneurs and employers.
As of 1 January 2021, the rights of franchisees will be better protected. The Franchise Act will apply to all contracts concluded as from that date. Existing franchise agreements are subject to a transitional period for some parts of the law.
Act on the approval of private arrangements in bankruptcy (WHOA)
Currently, one creditor or shareholder can prevent debt rescheduling of a bankrupt company, even if the other creditors and shareholders are in agreement. As of January 2021, the WHOA will allow a majority of creditors to go to court. The court can confirm the debt rescheduling agreement, so that the opposing creditor will also be bound by it.
Compensation of transition compensation in the event of termination of a small company
In the event of the termination of a company, the employees are entitled to transition compensation. This can cause problems for small employers with fewer than 25 employees. As of 1 January 2021, they can therefore apply to the UWV for compensation if the company is terminated due to retirement or death. This scheme is also meant to apply to termination due to illness. However, the effective date of this supplement is not yet known.
Every six months the level of the statutory minimum wage changes. Here you can find the minimum wage to be paid to the employees.
Brexit and the 403-statement
Deal or no deal, currently, it is still not clear how Brexit will happen. However, it is clear that the transitional period will end on 1 January 2021. A number of arrangements will not be included in the event of a deal. For example, a Dutch subsidiary of a mother company from the UK will in many cases no longer be able to make use of the 403 statement. If you still wish to apply this scheme, we will be happy to help you find a solution.
Do you have any questions about the upcoming changes, or are you looking for legal advice in the event of a dispute? Please contact us:
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