News
Guapa Legal's David Nauta has become a regular participant at Expatica.com as a legal expert. You can ask him questions where he tries to provide you legal advice within a couple of days, just like our online service at www.guapa.org
Immigration law
No decision from the Government?
There is a new idea coming from the senate to speed up the decision making process by the Government. This idea regards the lex silencio. For the non latin speakers it means merely: silence law, but it encompasses much more than that. It means that if the Governments refuses to take a decision or is very late with a decision the applicant will be granted automatically the rights he or she asked for.
For example: if you would apply for permit to build a house and the Government does not decide within a reasonable time, the application will be automatically granted. The same is valid for applications for residence permit etc.
Although parties in the senate agree in general to the idea, the law is yet to be implemented. Guapa will be the first to let you know. Dnauta@guapa.org
Online help for immigration issues
To help you even better, we opened the Immigration Service Desk. For a bottom fee you can use our service online and get direct answers to immigration related questions.
Immigration test before coming to The Netherlands
*Updated*
New law from the 15th of May this year.
Immigrants who wish to come to the Netherlands for their
spouses (partners) and need a MVV, will now need to pass an exam
that proofs your ability to understand and speak some Dutch.
The first results are available: Of the 106 exams taken, 101
have passed the test. For more infomration: Dnauta@guapa.org
Sufficient income Dutch partner; not capable
to work due to handicap or illness.
In case the partner
can not work because of illness or a handicap, the IND will
not reject the application for partnership / family residence
permit if the partner can show that he receive governmental
social security income. Read more...
Important: send IND fax or "aangetekend"
The IND
has to interpret article 26 of the Aliens Act as follows: the
date on which the immigrant shows that he or she fullfilled
all the criteria necessary for the residence permit is the
entry date for the residence card. Not one day later! If the
IND is very late with the decision, the card should
anyhow be valid from that first date.
This is important for other
procedures to show when you are elegible for naturalisation or
permanent residence permit.
New rules from November 1, 2004 on family
(re)unification
From the 1st of
November 2004 the IND issued a new policy regarding the immigration
of foreigners based on the right of family (re)unification. Click
here
Tourist visa
A tourist
visa allows you to stay in The Netherlands for up to 3 months,
with the possibility to extend this period for another 3 months
under exceptional circumstances.
Leaving The Netherlands during
an immigration procedure
Immigrants
desiring to stay in The Netherlands usually have to fulfill the
time-consuming procedure of an application for MVV and residence
permission. After the initial MVV has been submitted, the foreigner
is allowed to enter the Netherlands awaiting the application for
the residence permit. Read more..
Developments in Immigration
law
New
rules on the MVV referent procedure
Prolongation
of temporary residence permit from 3 to 5 years.
Law
on the duty to identify oneself
|
Family law
Dutch nationality after recognition of natural child by unmarried Dutch father
When a child is born from a married couple, automatically the child has a "legal" father. Obviously the mother does not have to formally announce that the is the mother of the born child.
The situation is different when a child is born from a not-married couple. In this case the father has to announce that he is the father of the child. This is a legal procedure. Though a simple and short procedure, it could have serious problems if the father is not willing to do so.
Labour
law
Labour contract, or not?
An employer was after a couple of interviews and discussion about the conditions of the contract, employed at the company. After he received the draft labour agreement, he complained on several issues of the contract specifics. One of the complaints regarded the pension scheme and the amount of holiday days. The employer decided not to go further with the employee, because according to the employer he would "not fit in the company's culture of hard working and no complaining". The employee demanded that the employer would abide by the contract or be held to pay damages.
According to the court the employee could have known that the labour agreement would include more than only the job description and salary. The employee himself had complaints on very essential parts of the draft-contract, so that there was no real agreement on the labour contract yet. The court decided that the employer could decide still whether he wished to continue with this employee or not.
The fact that the employee had already given up his former job at a different company is a risk that the employee should bear.
Tip: don't think you have a contract until you signed one. And: don't quit your current job before you've entered into a signed agreement. For other useful tips contact us on: Dnauta@guapa.org
Warnings on the job is not enough to get fired
A truck diver has been warned since 2004 on his behaviour towards
clients, collegues and his boss. His behaviour was rude and inappropriate.
After an incident with a client last year, the driver was suspended
for 5 days without salary. He was also warned that another incident
like this would mean that he would be fired. It led to another
incident, and the truck driver was fired subsequently.
The driver filed an application against
the decision of his employer. The Cantonal Court ruled that
the behaviour of the driver was indeed inappropriate. Also
it was clear that that was the reason the driver was fired.
The Court ruled however that the employer has not done anything
to improve the behaviour of the driver. The employer never
trained or coached him. In fact the driver was sent home for
five days last year to ´think
about his behaviour´. The court stated that the driver
and employer should renegotiate and suggested training and coaching
would be appropriate. Otherwise the employee should get indemnification
for the irregular way of losing his job.
Confession after termination
of labour contract
Employee and employer both agreed that the labour
contract should be terminated. The employer would pay 60.000
euro to terminate the contract and the employee would leave the
firm within one month.
The case was presented at the court and the judge
approved the termination of the contract, as the parties both
agreed to the terms. Read more...
Telling lies at your job
If you
tell a lie in your job you won't be fired. An employee of a
firm was being reprimanded for a couple of incidents that happened.
When the employee responded he declared on facts couldn't have
happened. The facts couldn't possibly correspond to reality.
The employer was of the opinion that he couldn't trust his employee
anymore and filed at the court a termination of the contract.
Read more...
Restrictive Covenants in labour law
Restrictive
covenants are frequently incorporated as a standard clause
in employment contracts and have been generally formulated.
The former employee is thus prohibited to undertake activities,
if it makes him a competitor of the former employer. A restrictive
covenant are generally formulated clauses and both employers
and employees are often uncertain about the admissibility of
this clause.
Free
movement of employees within the EU
Mr Collins,
an American and also Irish citizen, had as a student and later
as a graduate subsequent jobs in America, United Kingdom and
Africa. After some time he decides to go to the UK to take
up employment. Read more...
Business and Family law
Foreign businesses operating
in The Netherlands.
The
European Union allows freedom of movement of Capital, Persons,
Services and Goods. Therefor, under circumstances, it is
allowed for a Spanish Societad Responsabilidad limitada (let's
say Agustin S.r.l.) to establish herself in The Netherlands.
Consumer rights
What if what you bought breaks?
Guarantees will not allways help you, but maybe other rights
do. click here.
Writing letters before going
to court
Before
going to take legal actions, in general, one should write a
letter to the other party to try to solve the matter. The letter
should include the request to pay or deliver the services or
goods within a reasonable period. Also one should explain why
he or she is entitled to the payment or the delivery of services
or goods. In this way the other party is informed what you
request, on which grounds your request is based and when you
would expect the other party to deliver. This is essential
in Dutch civil law before even going to court.
Lending money
When
lending money to a friend or family-member one doesn't think
about writing down on paper the amount lended and when one
is expecting the money back.
Though,
especially when it is a significant amount of money, consider
doing this awkward thing. Deciding not to is coping with problems
later when the money is not returning. More... |
Service and News
Online help
Check our popular online
legal help service. Immigration law, civil law, family law,
company law or penal law. Fast answers to legal issues and
for a small fee.
New EU laws
Upon request of some of our readers, here is the 2004 manuscript on EU Directives. Guapa reminds you that the IND is too late to implement these laws, though could be enforced.
Business card
No business card from Guapa? Downlad here!
Dutch NT2 Exam
Tip:
take a look at an example of an NT2 exam. *updated*
Starting your business
Dance-teacher's seminar in May.
Learn how to start up your own business, with specific solutions
for teacher's who wish to start their own Dancing-school. Contact
Info@guapa.org to enroll and obtain further information.
Japanese Service Desk
New: The Japanese Service Desk; for Japanese coming
to the Netherlands. From housing to language schools, and, of
course, legal help from Guapa's legal advisors. In your own language:
fully Japanese. Mail us at info@guapa.org
Weblog David Nauta LL.M.
Currently
mr. Nauta is trying to keep up with his new daily routine:
the weblog. Providing background information on the work of
Guapa, David takes you to the essence of law and his personal
life at legalexpat.blogspot.com
EU rights
A
directive adopted by the European Parliament and the Council
on 29 April 2004 on the right of citizens of the European
Union and their family members to move and reside freely
within the territory of the EU brings together the complex
body of legislation that existed in this area. It eliminates
the need for EU citizens to obtain a residence card, introduces
a permanent right of residence, defines more clearly the
situation of family members and restricts the scope for the
authorities to refuse or terminate residence of EU citizens
who come from another member state. The member states have
two years, until 30 April 2006, to transpose this directive.
Is a
EU national required to obtain a residence permit?
EU
nationals have an better position to reside and work in The
Netherlands in relation to non-EU nationals. Question arise
whether to register and which advantages these documents have.
Read more... or
download the form directly here
SPECIAL:
Connected websites
Banking law
Sports
and liability
Which type of business?
NV or BV?
Disclaimer
Dutch: Guapa Legal is zorgvuldig als het gaat
om het geven van correcte en actuele inforatie aan bezoekers
van de website. Zij kan echter niet garanderen dat deze informatie
in alle gevallen foutloos, volledig en correct is. Daarom kunnen
aan de informatie op de pagina's van de website van Guapa geen
rechten worden ontleend Verder aanvaardt Guapa geen aansprakelijkheid
voor schade als gevolg van onjuiste, onvolledige en/of gedateerde
informatie.
Ook het advies via e-mail / telefoon van Guapa is geheel vrijblijvend.
Guapa aanvaardt geen aansprakelijkheid voor d eventuele onjuistheid
van het gegeevn advies via het webformulier, webpagina's, email
of telefonisch.
English: Guapa Legal takes care in providing
correct and up-to-date information to its visitors of the website.
She can not guarantee that the information is always correct,
complete or up-to-date. That is why no rights can be derived
from the information presented on her website. Futhermore Guapa
doesn't assume responsibility / liability for damages as a result
of incorrect, incomplete or outdated information.
Also the advice via email / phone by Guapa is non-committal.
Guapa does not assume liability for incorrectness of the advice
given through email, webform, webpages or by phone. |
