Employees May Have Privacy Rights In Their Personal Emails Sent On Company Computers

Employees May Have Privacy Rights In Their Personal Emails Sent On Company Computers

Most employees just accept the fact that their employer can access any content that is on a company computer, including employees personal emails and other personal information. More »

Employment Outlook For Surgeons

Employment Outlook For Surgeons

The Advisory Council for General Surgery stated that the total of general surgeons in the US in ’94 was between a little over seventeen thousand and over twenty three thousand, or a ratio of a little over seven general surgeons per one hundred thousand people. More »

Do You Have An Employment Drug Test In Place

Do You Have An Employment Drug Test In Place

Drug testing is another precaution to have a peaceful working place. Drug testing can eliminate drug users in your firm. There are many types of drug test procedure that you can do. More »

Employment Benefits – End of Service Gratuity

Employment Benefits – End of Service Gratuity

Literal meaning of severance or gratuity is a favor or gift, usually in the form of money, given in return for service. In other words a sum of money offered to certain service sector workers for a service they performed or anticipated. More »

Deciding On Products In Mortgage

Deciding On Products In Mortgage

When first searching for out a mortgage, numerous folks feel overwhelmed. There are several diverse lenders to have a look at, and their rates all appear so vastly unique. More »

 

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Why Employees Need Attorneys To Decipher Employment Law Discrimination Regulations

Employment AutorneyDid you know that harassment in the workplace isn’t defined solely on how other employees treat you? Harassment can be carried out verbally, with employees telling dirty jokes and poking fun at you in malicious ways. If you have experienced any type of harassment, you have right to hire a harassment attorney, who can help you get company employees to stop their inappropriate comments, touching in inappropriate ways and other acts that go against company policies that taunting you, such as working off the clock and not being allowed to leave until a manager decides your work is completed satisfactorily.

Many companies struggle when a harassment attorney is hired, because dealing with an employee that has been discriminated against can cost the company. The cost could be cheaper for companies who train their employees against employment law discrimination, before harassment occurs in the work place, and someone finds a need to file a lawsuit.

For those who are in charge of hiring and dismissals, knowing what constitutes employee discrimination is beneficial. Company heads may also want to teach employees in their HR department what they can do under employment law discrimination regulations, when hiring or firing employees. However, it’s beneficial to teach all company employees what is considered harassment in the workplace, so it can be prevented before occurring.

Is having harassment training beneficial?

Employers may save their companies additional money in lawsuits if they adapt a no-tolerance policy toward harassment. This way, employees (who have been discriminated against under employment law discrimination statutes and also harassed) would not have to hire a harassment attorney to sort out unpleasant issues.

Having an attorney will definitely benefit an employee who thinks they have been discriminated against, based on employment law discrimination regulations. Employment law discrimination may be hard to prove, thus employees will need an experienced attorney (who is familiar with the complexity of employment law discrimination) to win their cases.

Will it hurt your opportunity to file a lawsuit for violating your rights under employment law discrimination regulations, if you are fired and later work for a competing retailer? It may, if you signed non compete contract or clause before starting work with a competitor. If you live in a right-to-work state, it may not matter if you sign the non-compete contract after before you started working for the employer you are suing. Depending on the circumstances, a former employer can have the stipulations in a non-compete contract upheld. This is why it may be best to consult your attorney before deciding to sue based on employment law discrimination regulations and a non-compete contract. Even if you plan to go into business for yourself (depending on the wording on any non-compete contract you signed before getting fired), you may not be able to open your business for a period of time, because you signed a non-compete contract. This is why employees need attorneys who are familiar with harassment and employment law discrimination regulations in the workplace. Harassment attorney can guide you as to how to document harassment, verify discrimination and harassment that has taken place, and advise you what you can and cannot do if you have signed a non-compete agreement.

The value of a Reliable Employment Lawyer

Employment LawyerThere are a few individuals who became fired from their work under unlawful terms. There are workers also who find their work environment unpleasant because of harassment and discrimination. Legal actions has to be taken by employees if they know that their rights were disregarded. Acquiring the services of a professional employment attorney is the very best move to make.

Labor law, also coined as employment law, is made with the aim of protecting the employees from hazards and unfair treatments. this is not a one-sided law since the rights of the employers are also protected. The employment law is made up of several rules and legal requirements. Someone who encountered abuse and unjust treatment at work have better chances of acquiring justice by seeking the assistance of a skilled lawyer. In such instances, New York employment attorneys can assist you with the very best advice.

In terms of legal issues, a lawyer’s services is important. These lawyers can assist clients in overcoming employment-related problems like workplace discrimination, unjust dismissal, and the likes. Remember that nearly all companies have teams of lawyers that can represent them.

With the assistance of an new york employment lawyer, the plaintiff can assure that they’re able to go through the court hearing in the very best way possible. Regardless of how big the company you are against with, these professionals will absolutely be there to protect your rights.

A lot of New York employment lawyers have been in the business for many years. In connection to that, they’ve taken care of a whole lot of cases, and which is the key reason why they’re also updated with the new laws along with the changes made in the legal system. They’ve got the solutions to your legal issues for you to keep your job, or obtain the just compensation you deserve. The employment lawyer will ask you to narrate the series of events which resulted to termination. During that moment, they will try to relate series of events together and draw a conclusion if your employer/co-worker actually been unjust to you.

It is far better to seek the help of NYC employment lawyers given that they have the confidence to strongly advocate for you. They will serve as your representative who can speak up for you rights with confidence.

Seeking help from employment attorney will ensure that your wellbeing is protected. If your work means a lot to you because its supports your family and define who you are, then having a knowledgeable as well as expert employment lawyer on your side is very important in order to deal with employment disputes. Naturally, you’ll have a hard time knowing just how the legal system works, but with a lawyer, things will be less complicated. So if you need the best chance at winning your case, don’t be reluctant to employ a qualified and seasoned employment lawyer.

Employees May Have Privacy Rights In Their Personal Emails Sent On Company Computers

Most employees just accept the fact that their employer can access any content that is on a company computer, including employees personal emails and other personal information. But, is that the law? A growing number of courts are recognizing that employees have some expectation of privacy with respect to their personal content on company computers. Some recent decisions have held that employers do not own and cannot access their employees personal emails not even when those emails were sent on a company computer.

Marina Stengart v. Loving Care Agency, Inc. is a workplace privacy case that was decided on June 26, 2009. Marina Stengart worked as an Executive Director of Nursing at Loving Care Agency, Inc. Loving Care provided Stengart with a company computer and an email address to accomplish her work duties. Loving Care had an electronic communications policy which stated that emails, internet use and computer files are considered the companys property and are not to be considered private or personal to any individual employee. The policy also stated that the company had the right to review, audit, intercept, access, and disclose all matters on the companys media systems and services at any time, with or without notice.

Stengart used her company computer to email her attorneys about filing a discrimination lawsuit against Loving Care. But, Stengart did not use her company email address. She emailed her attorneys with her personal, password protected Yahoo email account while using her company computer. Stengart resigned from her employment and sued Loving Care for discrimination. Loving Care then searched Stengarts company computer and, pursuant to its electronic communications policy, read the emails Stengart exchanged with her attorneys. Stengart angered by Loving Cares reading of her personal emails, asked the Court to decide if Loving Care had the right under its electronic communications policy to read emails she sent to her attorneys through her personal email account on her company computer.

The Stengart Court rejected the notion that an employees personal emails become company property simply because the company owns the computer, claiming that a company computer in this setting is little more than a file cabinet: “Property rights are no less offended when an employer examines documents stored on a computer as when an employer rifles through a folder containing an employees private papers or reaches in and examines the contents of an employees pockets; indeed, even when a legitimate business purpose could support such a search, we can envision no valid precept of property law that would convert the employers interest in determining what is in those locations with a right to own the contents of the employees folder of private papers or the contents of his pocket.” The Court ruled against Loving Care, concluding that an employer cannot transform all private communications into company property — merely because the company owned the computer used to make the private communications or used to access such private information during work hours.

Marina Stengart asked the Court if her employer had the right to view her personal emails. Bonnie Van Alstyne took the workplace privacy notion a step further when she sued her former employer for accessing her personal emails. Bonnie Van Alstyne worked as a Vice President at Electronic Scriptorium Limited, a small data conversion company owned and operated by Edward Leonard. Van Alstyne had a company email account, but she occasionally used her personal AOL email account to conduct business. Van Alstynes employment was terminated and she filed a sexual harassment lawsuit against the company. During the discovery process, Van Alstyne learned that Edward Leonard accessed her personal email account both during and after her employment. Leonard produced 258 emails he had printed from Van Alstynes personal email account.

Van Alstyne filed a separate lawsuit against Leonard, Bonnie Van Alstyne v. Electronic Scriptorium Limited, et al. Her lawsuit alleged that Leonard violated the Stored Communications Act when he accessed her personal email account and viewed her emails. The Stored Communications Act creates criminal and civil liability for any individual who intentionally accesses without authorization a facility through which an electronic communication service is provided or intentionally exceeds an authorization to access that facility and obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system. In other words, the Stored Communication Act prohibits an individual from, among other things, intentionally accessing other peoples stored emails, voicemails, text messages, etc. without permission. A jury found that Leonard violated the Stored Communications Act and awarded Van Alstyne $250,000 in compensatory and punitive damages and more than $136,000 in attorneys fees and costs.

The law is changing. Courts are recognizing that employees have a right to privacy in their personal emails even when those emails are sent on company computers and even when company policy says otherwise. But, both Marina Stengarts and Bonnie Van Alstynes employers read their personal emails which gave their employers valuable defensive information and severely prejudiced Stengart and Van Alstyne in their pending lawsuits. A lawsuit cannot unring that bell. And, Stengart and Van Alstyne were forced into lengthy, costly legal battles to enforce their privacy rights. It is encouraging that courts are recognizing employee privacy rights and giving employees remedies when those rights are violated. However, the best course of action is to keep your personal email and your company computer separate thereby eliminating any possibility that your employer will view your personal emails.

Employment Outlook For Surgeons

The Advisory Council for General Surgery stated that the total of general surgeons in the US in ’94 was between a little over seventeen thousand and over twenty three thousand, or a ratio of a little over seven general surgeons per one hundred thousand people. As many as a third of today’s practicing doctors may retire by the year ’20. It is hence estimated that because of the number of retiring surgery physicians, the job market for them is solid and should continue to increase. There are special concerns about a likely lack in the near future as older physicians retire. Rural areas are especially vulnerable, as they are prone to being unable to appeal to and retain physicians, statistically.

Increased jobs will be open to surgeons in areas of poorer populations and rural areas. Surgeons earned an average annual salary of $240,533 to $361,589 in 2008, as quoted from Salary.com reports. Salaries vary according to experience in the field, geographic location, and professional specialization.

General Surgeon’s Salary Range

Generally, most medical specializations and sub-specializations, the amount of experience, geographic location and the type of facility and determine the Surgeons salary. The Allied Physicians Salary Survey revealed a difference in salary for general surgeons by years of experience as follows: * 1-2 Years – $226,000 * 3 or More – $291,000 * Cap – $520,000.

General Surgeon Job Overview

The international job forecast for general surgeons is good as well because the shortage for physicians is happening around the world. Career opportunities are expected to grow faster than the average between the present and 2014. The Department of Labor showed that 14.6 percent of all practicing physicians are qualified in surgery.

The Aging Population in the US

The US demographic is growing old. From ’10 and ’35, all age groups 70 and above will rise by over 95%. This indicates that there will be a greater demand for all physical wellbeing services and a relatively smaller and younger population of doctors taking the retiring doctor’s place . Some are uneasy that as the Baby Boomer age group starts receiving Medicare coverage the older physicians may retire more quickly rather than accept the lower fees and larger workload of the federal sponsored Medicare. Furthermore, it is predicted that as many as one-third of today’s practicing physicians will retire by 2020. However, the economic downturn and substantial job loss across the country has had a blunt effect on the revenue stream to physicians. When people lose their trade, they also lose their health care benefits and consequently access to health care.

Stock Market Decline impact on Retirement

The recent stock market decline has impacted older doctors’ decisions. Some doctors are delaying retirement because of the economy’s impact on their retirement savings. But even a three to five year setback cannot possibly attend to the impending loss of experienced doctors. Some new doctors are looking to Locum Surgery jobs for the short term to remain available for better employment.

Health Care Bill

Even with the health bill at last signed into law, its effects on our health care is not yet known. By ’14 there will be an increase in the enrollment into health care insurance programs. This growth, when combined with the ongoing aging of the people, should push demand for services and therefore cost higher. Still, no one yet knows what will come to pass with remuneration rates from Medicare and this new plan. The question is will there be rate a cut of reimbursement rates for different specialties by Medicare, and will this new program turn into a decreasing factor of the salary of all specialties including General Surgery, its related specializations, and subspecialties.

Clearly the Obama administration has it’s work cut out for it. We are getting older and there are fewer and fewer young people to carry this growing fiscal burden. The Sins of the Fathers…

Do You Have An Employment Drug Test In Place

Drug testing is another precaution to have a peaceful working place. Drug testing can eliminate drug users in your firm. There are many types of drug test procedure that you can do. There are many applicants that use illegal drugs. Drug testing helps you determine a good worker. Check this article to learn some drug testing procedures.

Drug Testing is one pre-employment requirement that many Organizations implement. The primary objective is to maintain a workplace that is free from unnecessary and ugly scenarios arising from drug abuse.

High productivity is one of the goals of any corporations. By ensuring that all its employees are not hooked on illegal drugs, the performance of the company is geared toward success.

Of course, the success of the organization does not rely on having a drug-free working environment; however, drug abuse is a culprit that can affect the enterprise’s overall output.

Medical experts explained that people who use illegal drugs get high fast, making them feel powerful, and causing them to act fearlessly. Depending on the kind of illegal drug and the frequency of its use, these drugs can cause hallucinations and paranoia.

Now, without conducting drug testing, you are putting the safety and welfare of your company and its employees at higher risks. It could also damage your company’s reputation if managers already employed use drugs.

With employment drug screening, the company ensures that new hires are not into drug use. There are also corporations that initiate random drug tests on its existing employees to monitor and eliminate drug-abuse habits.

As drug screening becomes popular, some applicants may lie low in using drugs for the sake of passing drug tests, and resume their habits once they get hired. Hence, it is also necessary to conduct regular drug testing on all potential employees and existing employees.

Employment drug screening also creates a safer and drug-free working environment. It can reduce the conflict incidences involving employees who use illegal drugs. This is not to say that those who are involved in corporate brawls or verbal fights are using drugs.

Rather, statistics and medical evidence authenticate that people who are addicted to illegal drugs are quick to anger, vulnerable to physical violence, and an initiator of chaos. Mostly, drug users have frequent absences, low-productivity, utilization and cost of health benefits, higher insurance premiums and accidents.

Small and medium scale businesses can benefit more from initiating drug testing as drug users are more inclined to apply at their company. Just the thought of drug tests can scare away drug abusers. As a major determinant of employment, drug screening allows business owners to save time and effort by hiring the right individuals.

Since there are many types of substance abuse, it is important to specify which drug tests are necessary to administer to your employees and applicants. There are marijuana testing, cocaine drug tests, and many other drugs test that can be done.

Generally, companies follow a standard five-panel test, which is composed of Marijuana, Cocaine, PCP and Amphetamine. There is also a 10-panel test to include prescription substances that can be obtained legally, but which can also be addictive and abused. Only few companies use this type of drug testing.

Usually, all drug substances linger in our system between 2 and 4 days. In conducting the drug tests among regular drug users, the results become available in 14 days or even more. If the drug testing is done with hair, the substance can be detected for a period of 3 months.

Employment Benefits – End of Service Gratuity

Literal meaning of severance or gratuity is a favor or gift, usually in the form of money, given in return for service. In other words a sum of money offered to certain service sector workers for a service they performed or anticipated. End of service gratuity is the amount paid by the employer to his worker for his hard work (Any exerted human effort – whether intellectual, technical or physical – in return for a wage, whether it is permanent or temporary) when the worker leaves the employment after successfully completing the stipulated years of service. Since almost 40 years, it has been one of the very important labor rights of the worker which employee is entitled to receive after serving employer for number of years.

The federal law no. 8 of 1980 of United Arab Emirates provides the provisions regarding the end of service gratuity. The present article discusses the said provisions including the calculation of the gratuity amount according to the salary of the worker and the number of years he has served a particular employer.
Law provides that an employee who completes one year or more in continuous services with the employer shall be entitled to gratuity at the end of the service. The gratuity shall be calculated on an annual basis if the employee has actually completed one year or more. The day of absence from work without pay shall not be included in calculating the total period of service. However, if the employee has completed one year then he will be entitled to gratuity for the fraction of the year proportional for the part of the year he spend in work provided that he has completed one year in continuous service.
Basic wage taken as a base for the calculation of gratuity is the salary last received by the employee before the termination of the employment contract. A basic wage means anything received by the employee as a wage excluding housing, transport, travelling allowances and overtime, family allowances entertaining allowances and any other bonus etc. This wage will be the basis for calculation of the gratuity for all the years during which the employee works for the employer calculated at the rate advised hereunder.
The severance pay shall be calculated as described in labour law such as 21 days remuneration for each year of the first 5 years of service and 30 days remuneration for each additional year of service provided that total amount of severance pay shall not exceed 2 years remuneration. Without prejudice to the laws provided in relation to the granting of pension or retirement benefits to employees. Severance pay shall be calculated on the basis of the remuneration last due to the worker for those who are paid on daily, weekly and monthly basis and on the average basis of the daily remuneration for those who are paid at piece rates basis.
After finding out the monthly wage of the worker, the wage per day can be found out by dividing the monthly wage amount by the number of working days of the month. Once we find the wage per day the next step would then be calculating the wage per 21 days and the wage per 30 days.
The above calculations shall hold good for workers of having limited employment Contracts. The exception to the rule is that gratuity is not granted in case the worker breaches the employment contracts by leaving work prior to expiry of the contract. Where the Employment Contract is of an unlimited nature, the gratuity amount is less if the worker leaves the employment on his own choice. Where the period of service of the worker varies from at least one completed year and at the most three completed years then the worker is entitled to one – third of the end of service gratuity. Where the worker has served for a period of three years at least and five years at most, he shall be entitled to two thirds of the said gratuity and to the full gratuity where the continuous period of service exceeds five years.

1. Where the Employer terminates the service of the worker on one of the below mentioned grounds:
a. In case the worker assumes false identity or nationality, or submits false certificates or documents.

b. In case the worker is under probation, and the dismissal occurs during or at the end of the probation period.

c. In case the worker commits an error resulting in colossal material losses to the employer, provided that the Labor Department is notified of the incident within 48 hours of the knowledge of the occurrence thereof.

d. In case the worker violates the instructions related to the safety at work or in the work place, provided that such instructions be written and posted in a prominent location, and that he is notified thereof should he be illiterate.

e. In case the worker fails to perform his main duties in accordance with the employment contract, and further also fails to remedy such failure despite a written investigation on the matter and a warning that he will be dismissed in case of recidivism.

f. In case the worker divulges any of the secret of the establishment where he works.

g. In case the worker is convicted in a final manner by the competent court in a crime of honor, honesty or public ethics.

h. In case the worker is found in a state of drunkenness or under the influence of a narcotic during work hours.

i. In case the worker assaults the employer, responsible manager or co – worker during work hours.

j. In case the worker is absent without valid cause for more than twenty non – consecutive days in one year, or for more than seven consecutive days.

2. Where a worker leaves the employment without notice in case of unlimited/ undetermined employment contracts except in following cases:

a. In case the employer breaches his obligations towards the worker, as set forth in the contract or the law.

b. In case the employer or the legal representative thereof assaults the worker.
3. Where the worker leaves employment before the expiry of the term of the employment contract except in the following cases:

a. In case the employer breaches his obligations towards the worker, as set forth in the contract or the law.

b. In case the employer or the legal representative thereof assaults the worker.

Apart from this deduction from the ESG is also allowed where there is an amount of the worker due towards the employer i.e., loan etc.
An employee may be deprived of his/her gratuity if he/ she has been dismissed for one of the reason stated in article 120 Or if left job without notice in clauses other than mentioned in article 121 of UAE labour law and if he terminates the limited contract before the completion of the contract.
The parties may agree for payment of gratuity at a certain time to the employee for the years during which the employee served the employer and to start with new employment contract for the future. However, this agreement should be clearly stated, acknowledged and agreed between the employee and employer whereby gratuity will be paid for the preceding period.
The employee’s wage and other legal benefits including the end of service gratuity is considered a superior debt and the employee shall have a lien over any movable or immovable property owned by the employer.
United Arab Emirates is rapidly progressing towards global standards therefore it is important to ensure that governing laws are adequate to handle the business environment and employment relations. There is a famous law maxim that “the law is never static; it is always changing, being interpreted or redefined, as regulators and judges strive, with varying degrees of success, to ensure that the law constantly reflects changes in society itself”.
The changing of laws in certain areas of UAE labour law in relation to the end of service benefits, calculation of gratuity, will certainly ease the way of settlement and lessen the jeopardy of litigation. In order to do this, there should be a consideration of the law and its main sources as well as discussion of how these laws can and must change to reflect the needs of society. There will be an assessment of the relationship between the law and social change and an evaluation of the success of regulators and judges to ensure that the law reflects these changes.

Author : Mr. Adnan Ashraf esq.
Source : Employment Benefits – End of Service Gratuity

Deciding On Products In Mortgage

When first searching for out a mortgage, numerous folks feel overwhelmed. There are several diverse lenders to have a look at, and their rates all appear so vastly unique. How can one compare them all without going mad? The techniques in this report will help you identify which mortgage is the correct one for you./p>
Get a pre-approval letter for your mortgage loan. A pre-approved mortgage loan normally makes the entire process move along more smoothly. It also helps since you know how much you could afford to spend. Your pre-approval letter will also include the interest rate you’ll be paying so you will have a fantastic idea what your monthly payment will be before you make an offer.

You want to have a lengthy term work history to be granted a home mortgage. Most lenders require at least two years of steady work history to approve a loan. Switching tasks too frequently can trigger you to be disqualified for a mortgage. Also, never quit a work while applying for a loan.

While you are waiting for the closing on your preapproved mortgage, don’t go on any shopping sprees! Lenders commonly recheck credit a few days before a mortgage is finalized, & could adjust their minds if they see too much activity. Wait for furniture shopping & other major costs, till lengthy after the ink is dry on your new mortgage contract.

If your appraisal isn’t enough, attempt once again. If the one your lender receives is not enough to back your mortgage loan, and you think they are mistaken, you can attempt yet another lender. You can not order one other appraisal or pick the appraiser the lender uses, nevertheless, you might dispute the first 1 or go to a distinctive lender. While the appraisal value of the home shouldn’t vary radically too much between unique appraisers, it can. In the event you think the very first appraiser is incorrect, attempt one other lender with, hopefully, a better appraiser.

Never sign something without talking to a attorney first. The law doesn’t entirely defend you from the shrewd practices that lots of banks are willing to participate in. Having a attorney on your side could save you thousands of dollars, & potentially your financial future. Make sure to get the correct advice before proceeding.

Make sure to keep all payments current when you are in the process of getting a mortgage loan. In case you are in the middle of the loan approval process & there is a lot of indication that you have actually been delinquent with any payments, it might impact your loan status in a negative way.

Minimize your debts before you choose to purchase a home. A home mortgage is a large responsibility and you need to be sure that you will be able to make the payments, no matter what comes your way. Having minimal debt will make it that much less difficult to do just that.

Know your mortgage interest rate type. When you are acquiring home financing you must realize how the interest is calculated. Your rate could be fixed or it might be adjustable. With solved interest rates, your payment will most often not alter. Adjustable rates vary dependent on the flow of the industry and are variable.

In the event you have filed for bankruptcy, you might are compelled to wait 2 or three years before you qualify for a mortgage loan. Still, you could end up paying higher interest rates. The greatest technique to save money when acquiring a home after a bankruptcy is to have a large down payment.

Think of your employment security before you consider getting a home. In case you sign a mortgage contract you are held to those terms, regardless of the adjustments that may take place when it comes to your work. For example, if you are laid off, you mortgage won’t lower accordingly, so make certain that you are safe where you are first.

Decrease the number of credit cards that are inside your name before you get a home. Having lots of credit cards, regardless of the debt on them, can make it show up that you are not financially responsible. To make certain that you get the greatest interest rate attainable on your home mortgage you want to have as few credit cards as is probable.

You now have a plan of action you could take to make certain that the mortgage you find is the ideal choice. Just use everything you have learned here today to make your process a straightforward 1. The sooner you’re into your home, the better, so get down to work right away!
Get a home loan for your new residence or refinance from a network of lenders who compete for your business. Applying for a home mortgage loan is uncomplicated. Receieve home loan offers from up to 5 mortgage lenders. Want help with your home loan? Whether your shopping for a brand new home loan or refinancing an existing home loan, we can help you make the proper choice. Visit us athttp://getalowmortgagerate.com/

Employment Lawyer-Helping Individuals in Overcoming Unfair Treatment in the Workplace

Many people lost their jobs illegally. There are employees also who see their work environment uncomfortable simply because of harassment and discrimination. Thus, for people who have been wrongfully terminated from their work or have experienced problems at their work place, then it is time that they have to defend their rights. Acquiring the services of an expert NYC employment lawyer is the very best course of action.

Employment law or labor law is there to protect the wellbeing of all workers regardless of their work. this isn’t a one-sided law because the rights of the employers are also protected. Employment law has several legal requirements and rules to be taken into account. Someone who encountered abuse and unfair treatment at work have better chances of getting justice by seeking the help of an experienced lawyer. In such instances, New York employment attorneys can assist you with the very best advice.

There are a lot of issues in which you must seek lawyers’ support. These lawyers can help clients in overcoming employment-related issues like workplace discrimination, unjust dismissal, and the likes. Remember, most of the companies have their very own lawyers who will serve as their representative.

Fair trial is important, and the employment attorney nyc will see to it that their client will have that. It doesn’t matter if you must encounter your previous employer in court, what is important is acquiring a trusted lawyer to fight for your rights.

Being in this business for many years, the nyc employment lawyers are proficient in labor law. They spend a considerable time in keeping themselves updated with the changes on employment laws particularly when it has something related to your current situation. They have the solutions to your legal problems in order for you to help keep your job, or get the just payment you deserve. Almost all employment lawyer will hear out your story first, and the legal issues you are experiencing. During that time, they’ll make an effort to relate number of events together and draw a conclusion if your employer/co-worker truly been unfair to you.

If you’re with clear conscience and certain that your rights were disregarded, then employment lawyers can help you. These people will stand up and speak for your rights when trial proceedings started.

With the services of a professional New York employment attorney, you can obtain the justice you deserve. A knowledgeable and skilled employment lawyer in your favor is the perfect thing that you can have if you are caught in an employment dispute. This is necessary particularly if your loved ones solely relies to you. Needless to say, you will have a hard time understanding how the legal system functions, but with a legal professional, things will be less complicated. So if you need the very best chance at winning your case, don’t hesitate to employ a qualified and experienced employment lawyer.

Searching For Multilingual Jobs In Dublin

If you are looking for multilingual jobs in Dublin then there are various career opportunities in Dublin for job seekers. If you want an employment opportunity in Ireland, make Dublin your first priority. Dublin is famous for building a viable multilingual career and it is great for offering work benefits for the employees. Non European Union citizens have certain restrictions to abide by. Under Irelands work permit rules, non European Union citizens have to leave the country and then come again with the work permit. Usually they can not extend their visit.

The Irish job market suffered a downfall because of the recent global financial crisis. According to recent statistics the unemployment rate in Ireland is under 11%. According to a recent report: “In 2009, 3,633 new employment permits were issued to non-EEA nationals. This is a reduction of almost 60% compared to 2008. Occupations most frequently sourced through the employment permit schemes included nurses, software engineers, computer programmers/analysts, marketing managers, accountants, medical practitioners, chefs, care assistants and managers in manufacturing and ICT.

Given the sharp rise in unemployment, there is an excess supply of labour in Ireland at present. As a result, no labour shortages have been identified. So this implies the survival of the fittest, mere qualifications are not enough these days when it comes to securing a good job, one has to enhance his capabilities to survive in the job market. Having said that, the need for multilingualism is increasing these days, there are jobs available for those who are qualified, experienced in addition to being a multilingual.

After you find an employment in Dublin get (IEP)/USIT orientation to familiarize your self with the standards and customs of workplace. The minimum wage per hour in Ireland is 7.65. For complete knowledge of the wage rate in Ireland Governments citizens information site can be visited. Legally speaking there is no employment discrimination on the basis of age but practically you can be discriminated on the basis of age, to avoid that do confirm and complete all the paper work, seek answers of all the queries you have prior to moving in Dublin. So if you are in your forties of above forty, not highly qualified then double check your employment prospects before you move to Ireland. Dublin offers vacancies for multilinguals that include German speaking Sales agent, Norwegian technical support, Norwegian speaking customer service, German speaking telesales, Danish speaking customer service, French speaking telesales executives, Polish translation jobs, Czech jobs, French speaking sales agent, German Ecommerce support, French speaking sales team leader, German speaking account managers, etc.

In general these vacancies are for multilingual candidates who can proficiently deal with general customers issues through various telecommunication mediums. As mentioned above, Dublin offers an amalgam of language jobs for multilingual candidates. Jobs in languages are Dublins specialty. Most preferred languages for jobs are French, German, Norwegian, English, French, Italian and Irish. Recruitment agencies in Dublin reveal vacancies for qualified and experienced multilingual candidates.

Becoming A Self-employed Entrepreneur The Netherlands

Registration in the Dutch trade register is compulsory for every company and every legal entity, including ‘freelance’ and ‘zzp’ (‘zelfstandige zonder personeel’ or self-employed without staff).

When you have decided to start your own business a new world is opening up, with a wide variety of possibilities. You could open a shop or start your own consultancy firm; become a full-time or a part-time entrepreneur. Clients may wish to hire you for advice or construction work.
Before plucking up which is planted, there is a time to plant. In other words: you will have to be prepared to tackle challenges as well – either as a provider of services or products, as a self-employed entrepreneur, a sole trader, an independent contractor, or as a freelancer or so-called “ZZP-er”.

The risky side of freedom and independence

Whether you offer services or products: you will do so at your own risk, expense and with full responsibility towards third parties. As well as this, being self-employed entails certain obligations, such as paying taxes and VAT and keeping records of your business activities. Preparing well is the best way to start. You are definitely not on your own; the Dutch business world offers plenty of competent assistance.

Starting point

Before you visit the Chamber of Commerce to register your enterprise, you should have considered the following:

* a permit to start a business in the Netherlands
* a business plan
* legal form and trade name of your enterprise
* taxation and necessary insurance
* business location, commercial lease
* a VAR’-statement from the Tax Administration, declaring you as a self-employed entrepreneur

Starting your own business

If you do not have the Dutch nationality, and want to start a business in the Netherlands, you will have to comply with particular IND (Immigratie en Naturalisatie Dienst, the Dutch immigration authorities) formalities. Even if you are not obliged to register with the IND (for almost all EU nationals) please do so all the same, as it may come in quite handy for other purposes.

The Dutch Chambers of Commerce are incorporated under public law and, as such, target their services at Dutch businesses across all sectors.

Dutch immigration authorities

The legal form of your enterprise makes no difference to the applicability of the rules by the Dutch immigration authorities: whether it is a one-man business, a Dutch private limited (BV), or a branch-office of a foreign company. The rules do not differ either whether you start an enterprise shortly after arriving in the Netherlands, or after having been employed in the Netherlands for some time. However, rules and formalities do differ broadly speaking for EU nationals and non-EU nationals. Please check also the IND Residence Wizard

EU, EEA and Swiss nationals

Nationals of one of the EU Member States, the EEA (European Economic Area), or a Swiss citizen, are free to live and work on a self-employed basis in the Netherlands and do not need an entry visa or a residence permit.

Even if you are not obliged to register with the IND, do so all the same, as it may come in handy in the future. For instance, when asked for proof of registration on taking out Dutch public healthcare insurance, a healthcare, housing or childcare allowance, a mortgage, or a phone subscription. Registration is free of charge. If you intend to stay over four months, you are always required to register at your local municipality. The expatdesk will help you out here.

Working on a self-employed basis when a EU, EEA and Swiss national

There are no specific IND formalities that have to be fulfilled for nationals of these states.

Different rules apply for citizens of Bulgaria or Romania as long as restrictions on the Dutch labour market remain in force. Nationals of these countries are advised to apply for a residence permit, which will be useful in a number of situations. The procedure is called “Application for assessment under the EU community law (proof of lawful residence)”.

Nationals of non-EU and non-EEA countries

If you are not a national of an EU or EEA country and not Swiss, you will need to apply for a residence permit in case you stay longer than three months in the Netherlands. A residence permit can be obtained from the IND.

If you are a national of a country subject to the Dutch visa requirement for more than three months’ stay, you will have to apply for a special visa: a provisional residence permit, an MVV (Machtiging Voorlopig Verblijf).

Working on a self-employed basis as national of non-EU / non-EEA country and non-Swiss
In this case you will have to meet several economic criteria before starting an enterprise in the Netherlands:

* You are qualified to run the business in question.
* You have a business plan.
* Your business serves an essential Dutch interest, i.e. “added value” for the Netherlands.

The IND does not weigh these criteria itself; the Ministry of Economic Affairs is requested to review your situation and to decide whether the business you intend to run will be economically interesting. If this turns out not to be the case, you cannot start your own business in the Netherlands.

Review of economic added value

* a permit to start a business in the Netherlands
* a business plan
* legal form and trade name of your enterprise
* taxation and necessary insurance
* business location, commercial lease
* a VAR’-statement from the Tax Administration, declaring you as a self-employed entrepreneur

Starting your own business

If you do not have the Dutch nationality, and want to start a business in the Netherlands, you will have to comply with particular IND (Immigratie en Naturalisatie Dienst, the Dutch immigration authorities) formalities. Even if you are not obliged to register with the IND (for almost all EU nationals) please do so all the same, as it may come in quite handy for other purposes.

The Dutch Chambers of Commerce are incorporated under public law and, as such, target their services at Dutch businesses across all sectors.

Dutch immigration authorities

The legal form of your enterprise makes no difference to the applicability of the rules by the Dutch immigration authorities: whether it is a one-man business, a Dutch private limited (BV), or a branch-office of a foreign company. The rules do not differ either whether you start an enterprise shortly after arriving in the Netherlands, or after having been employed in the Netherlands for some time. However, rules and formalities do differ broadly speaking for EU nationals and non-EU nationals. Please check also the IND Residence Wizard

EU, EEA and Swiss nationals

Nationals of one of the EU Member States, the EEA (European Economic Area), or a Swiss citizen, are free to live and work on a self-employed basis in the Netherlands and do not need an entry visa or a residence permit.

Even if you are not obliged to register with the IND, do so all the same, as it may come in handy in the future. For instance, when asked for proof of registration on taking out Dutch public healthcare insurance, a healthcare, housing or childcare allowance, a mortgage, or a phone subscription. Registration is free of charge. If you intend to stay over four months, you are always required to register at your local municipality. The expatdesk will help you out here.

Working on a self-employed basis when a EU, EEA and Swiss national

There are no specific IND formalities that have to be fulfilled for nationals of these states.

Different rules apply for citizens of Bulgaria or Romania as long as restrictions on the Dutch labour market remain in force. Nationals of these countries are advised to apply for a residence permit, which will be useful in a number of situations. The procedure is called “Application for assessment under the EU community law (proof of lawful residence)”.

Nationals of non-EU and non-EEA countries

If you are not a national of an EU or EEA country and not Swiss, you will need to apply for a residence permit in case you stay longer than three months in the Netherlands. A residence permit can be obtained from the IND.

If you are a national of a country subject to the Dutch visa requirement for more than three months’ stay, you will have to apply for a special visa: a provisional residence permit, an MVV (Machtiging Voorlopig Verblijf).

Working on a self-employed basis as national of non-EU / non-EEA country and non-Swiss
In this case you will have to meet several economic criteria before starting an enterprise in the Netherlands:

* You are qualified to run the business in question.
* You have a business plan.
* Your business serves an essential Dutch interest, i.e. “added value” for the Netherlands.

The IND does not weigh these criteria itself; the Ministry of Economic Affairs is requested to review your situation and to decide whether the business you intend to run will be economically interesting. If this turns out not to be the case, you cannot start your own business in the Netherlands.

Review of economic added value
The Ministry of Economic Affairs awards points for each criterion. You will need a minimum of 30 points for each criterion (total number for all criteria: 300).

The scoring system consists of three parts:

a) Personal experience (education, experience as a self-employed person, working experience);
b) Business plan (market analysis, product/service, price, organisation, financing);
c) Material economic purpose for the Netherlands (innovative, job creation, investments).

You should always contact the IND to find out about the procedure involved in testing the economic interest of the enterprise you intend to start. For nationals of some countries, for example Turkey, special rules apply on the basis of treaties between the EU and these countries. And when you are from the United States of America, it is important to know there is the so-called Nederland-Amerikaans’ vriendschapsverdrag’.

Taking your business from abroad

The Dutch comparative companies Act recognises all foreign legal entities except businesses owned by one man or one woman. If you run a one-person business in your country of origin and you can prove this, for example by submitting a copy of registration in a commercial register in that country, you can bring this enterprise to the Netherlands and have it registered at the Chamber of Commerce as a Dutch one-man or -woman business.

Other legal foreign entities or foreign business forms are simply registered as a foreign legal entity with commercial activities.

Please note that you will still have to comply with the IND residency rules

Starting a branch office in the Netherlands

There is a question of a branch when long-lasting business operations, which form part of the foreign enterprise, are (being) conducted in the Netherlands. A branch can be: a sales office or a production company, but also a representative office. It does not have an independent legal form, but is a part of the foreign enterprise.

Dutch law recognises foreign legal entities. In other words: the foreign legal entity wishing to start activities in the Netherlands needs not be converted into a Dutch legal form.

A business plan is essential

No matter small or big the business is, a business plan will help you identify areas of strengths and weaknesses.

Banks require a business plan when you take out a loan. Even if you do not need the latter, and financing your enterprise is not a problem, a business plan will definitely help you understand the impact of starting a business. Submitting a business plan is also one of the criteria set for non-EU and non-EEA nationals to be allowed to start their own enterprise in the Netherlands.

Get started: Write the plan yourself

Crucial questions you should ask are:

* Which legal form will best suit the enterprise?
* Which products or services will you offer?
* Who will be your clients?
* Promotional activities to get contracts?
* How to optimize visibility to your target group?
* Which prices and fees?
* Financial plan (available budgets, expected turnover, investments)?
* Which insurances do you need?
* Permits and/or licences required?
* Administrational organisation, which form?
* What should be included in your General Terms and Conditions  if applicable?

Formats

Business plan formats can be obtained from various private parties that specialise in supporting starters. Just surf the internet. Small business planner at http://www.sba.gov/ is a useful site.

Employment law issue: employed or self-employed?

If you go freelance, you should pay extra attention to your situation, because the term ‘freelancer’ is not a definition recognized by law. Freelancers operate somewhere in between being self-employed and being in paid employment.

As an independent entrepreneur you pay taxes and contributions yourself, and you are not entitled to rights employers are: minimum wage, paid holidays, a holiday allowance, statutory safeguards against dismissal and a statutory notice period.

In order to designate the employment relationship while starting your business, it is important to consider different contracts and apply for a Verklaring Arbeidsrelatie (VAR) at the Tax Administration.

Employment on the basis of a contract and implied employment

Regardless of the title chosen for the contract with your client, it is considered an employment contract if the following criteria are met:

* your remuneration for the work performed can be seen as wages;
* there is an obligation to do the work yourself: you cannot send someone else to do the job for you. Having to be available for specific work, e.g. on-call service, will also be considered as work performed in employment;
* a relationship of authority: the employer can determine where, when and how the work should be carried out. This relation also exists if the work you do is an essential element in the employer’s business operations or if the employer’s profitability is at risk without you.

If the working relation does not show all characteristics of a “proper” employment relation, it may still be seen as one. This is called a notional employment relationship: although the employment relation has not been established explicitly, there is an implicit employer-employee relation. Consequently, the fee you charge is seen as wage, so, the employer will have to deduct taxes from your wages and pay national insurance and employee insurance contributions.

A notional employment relation exists if:

* you work for a client project for at least at two days a week;
* you earn more than 40% of the minimum wages for the project a week;
* the relation with the client lasts more than 30 days; a new contract within one month after the termination of the first contract is seen as continuation of the previous contract.

A notional employment does not exist if actual and practical independence can be proven, for which a VAR can be instrumental.

Commercial contracts

As a self-employed entrepreneur you or your client can initiate to formalise the contractor-client relation by entering into a commercial contract. Parties should always insist on putting down the arrangements agreed upon.
There are two types of commercial contracts:
1. Service agreement – Under this type of contract you are obliged to perform to the best of your ability, committing yourself to do your client’s work without being employed by him. The work is usually classified as services’.
2. Contractor agreement – Under this type of contract you have a specific target obligation. You commit yourself to produce a concrete, tangible object at a certain price.

Criteria for legal independence: Actual circumstances are decisive here. An official statement signed by client and yourself that the contract is a commercial one is helpful proof. Criteria are:

* the degree of independence and absence of supervision/authority;
* permanence;
* pursuit of profit;
* clientele.

Not just these criteria, but their interconnection especially plays a decisive role.

De Verklaring Arbeidsrelatie (VAR)

In order to designate the employment relationship you can apply for a Verklaring Arbeidsrelatie (VAR) at the Tax Administration. The VAR is an official statement. Based upon the applicant’s information the Tax Administration will define income as:

* Income earned in employment: the freelancer will have a VAR income.
* Income earned from other proceedings: the freelancer will have a VAR-row.
* Profit from enterprise: the freelancer will have a VAR-wuo.
* Partnership’s own risk and account: the freelancer will have a VAR-dga.

VAR-income and -row: employed or not?

With a view to the VAR-income and row, the employer will have to define and check whether he should pay income tax and employees insurance premiums, based upon the existence of an employment contract or otherwise. Explanatory assistance  but no definite answer! – can be found at the website of the Ministry of Finance. The Tax Administration may conclude differently.

VAR-wuo and dga: certainty in advance

Only VAR-wuo or -dga supply the employer beforehand with complete financial certainty provided he meets the following conditions:

* The freelancer’s activities should be similar to the VAR’s description. So, the freelancer is not entitled to carry out IT work if the VAR denotes carpentry.
* The freelancer is on the job during the validity of the VAR (1 calendar year).
* The VAR should be the authentic original.
* The employer should determine the freelancer’s identity on the basis of a valid proof of identity (not driver’s licence). Copies of the VAR and proof of identity should be kept in the administration for seven years.

Having acted this way, the employer has a solid defence in case the Tax Administration or UWV may reach another verdict afterwards. So, it may be wise for both freelancers and employers to object against a VAR-income or -row.

VAR application

Bearing in mind the utmost importance of the VAR-outcome, it is obviously important to carefully fill out the VAR-form. Only the freelancer him/herself is allowed to apply for a Verklaring Arbeidsrelatie (VAR); the employer is not entitled to do this. A directeur-groot aandeelhouder (DGA) should apply for a VAR in case of external consultancy.

The Tax Administration provides a digital VAR application form; to which you will get a reply within 8 weeks. If additional information is needed, the Tax Administration will contact the applicant.

Please note the following when filling out the form: The Tax Administration considers request as a total, coherently, and takes the activities into account. If not all answers are favourable it does not necessarily mean that no VAR-wuo will be given. For example: an interim manager with two or more employers can still be entitled to a VAR-wuo.

The freelancer should write down reasonable expectations. If, however, the actual situation afterwards turns out to have been differently, this will not have any consequences as long as the deviation is within normal risk of enterprise limits. For example, the freelancer expected to have 3 or more employers, but due to a recession this turned out differently.

The freelancer has to fill out the form to the best of his knowledge and should not deliberately misrepresent the state of affairs. If this should afterwards be proven to have been the case, the Tax Administration will recover the indebted taxes and premiums from the freelancer.

Some of the questions need a yes’ or no’ only; choose the nearest suitable.

Relation employer/former employer

As a part-time independent entrepreneur / part-time employee you could get involved in a conflict of interest with your (former) employer. If you intend to provide services, comparable to the ones he provides, you better ask his permission/advice to run your own business.

Starting a business as a full-time independent entrepreneur you should be aware of a possible conflict of interests as well. You probably signed a non-competition clause within your employment contract that remains valid after termination of employment. In any case it is wise to contact/consult your (former) employer of your intentions.

Legal forms and registration of an enterprise

The Chambers of Commerce can answer your questions about the legal environment of your business. Seminars and other regular services are available.

The majority of starting entrepreneurs either choose a one-man business or a general partnership as the legal form for their business, according to their preference on doing business by themselves or in cooperation with others.

In order to accommodate the starting entrepreneur or professional, Dutch law recognizes various legal forms, such as a one-man business, a private limited company (BV), a partnership or a limited partnership. The main issues at stake are the matter of liability if your enterprise should run up debts, and which tax regime applies.

One-person business

One-person business (lit. one-man in Dutch: eenmanzak) is also referred to as sole trader or sole proprietorship or independent contractor.

If you start a one-person business you will be the fully independent founder and owner. More than one person may work in a one-person business, but there can only be one owner. A one-person business can also employ personnel.

Setting up

You can establish a one-person business without a notarial deed. Registration in the Trade Register is mandatory. As a private individual you can only register one one-man business. However, you can have more than one trade name and carry out various business activities under different trade names. These activities can be carried out at the same or at another address, as a branch office of the one-man business.

Liability

As the owner of a one-person business you are responsible for everything concerning your enterprise; for every legal act and all its assets and liabilities. No distinction is made between private and business property. Thus, business creditors can seek recovery from your private property and private creditors from your business property. If your one-man business goes bankrupt, you yourself go bankrupt as well.

If the owner of a one-person business should be married in a community of property regime, the creditors may also lay claim to the partner’s property. Partner liability can be avoided by a prenuptial or a postnuptial agreement drafted by a civil-law notary. However, since partners are usually requested to co-sign when taking a loan, the agreement may not offer the protection expected. A civil-law notary can provide more information.

Taxes and social security

The profit made in a one-person business is taxed in box 1  income tax. If the Tax Administration fully considers you an entrepreneur, you are entitled to tax allowances such as the entrepreneur’s allowance, investment allowance and the tax-deferred retirement allowance.

The owner of a one-person business cannot claim social benefits under the Sickness Benefits Act, the Work and Income Act and the Unemployment Insurance Act. Therefore, it is advisable to take out insurances to cover these risks. You will qualify for the following national insurance schemes:

* General Old Age Pensions Act
* -Surviving Dependants Act
* Exceptional Medical Expenses Act
* General Child Benefit Act

Continuation of the business activities and business succession

With a one-man business no distinction is made between private and business. If you die, both business and private property will fall into your heirs’ estate. You will need to make provisions to guarantee your business’ continuity. A tax consultant could provide more details.

B. General partnership, the “VOF”

A general partnership is a form of cooperation in which you run a business with one or more business partners. You and your partner(s) are the associates or members of the general partnership. One of the characteristics of this legal form is that each partner contributes something to the business: capital, goods, efforts (work) and/or goodwill.

Setting up

A partnership contract is not a statutory requirement for the formation of a general partnership, but it is, of course, advisable to put down in writing what you and your business partner(s) have agreed upon. A partnership contract could arrange the following matters:

* name of the general partnership;
* objective;
* contributions by partners in capital, knowhow, goodwill, assets and efforts (work);
* distribution of profits and offset of loss;
* allocation of powers;
* arrangements in case of illness;
* arrangements for a partner’s days off/ holiday.

Liability

An important characteristic of the general partnership is the joint and separate liability of the partners. Each partner can be held fully liable – including private property – if the general partnership fails to meet its obligations, even if these obligations were entered into by another, authorised partner. Creditors of the partnership may seek recovery from your business property and your private property and the property of the other partner(s). Restrictions agreed upon in the partners’ authority have to be officially registered in order to gain legal effectiveness towards third parties.

The general partnership usually has separate capital’, i.e. the business capital contributed by the partners, which is kept apart from their private property and capital. This capital is to be solely used for business purposes. Should one or more creditors seek recovery from the partnership – for instance in the case of bankruptcy – they could do so from the separate capital. If this should be inadequate to pay the partnership’s debts, creditors may seek full recovery from the partners’ private property. If so, you could hold the other partner(s) liable for having failed to meet their obligations, but only after the creditors have been paid. In private matters creditors of partners cannot seek recovery from the partnership’s business assets or the private property of the other partner(s).

Because of this partners’ broad liability it is advisable to have a prenuptial or postnuptial agreement drafted if you are married under a community of property regime. A civil-law notary could provide you with more information.

Taxes and social security

Each partner will pay their own income tax on his profit share. If the Tax Administration sees the individual partner as an entrepreneur, they are entitled to all kinds of tax allowances, such as the entrepreneur’s allowance, investment allowance and the tax-deferred retirement allowance.

As far as social security is concerned, the same rules apply for the entrepreneur  partner as for the owner of a one-person business.

Continuation of the business activities and business succession

Under Dutch law the general partnership ends when one of the partners resigns or dies. In order to secure the continuation of the general partnership, the partners can include a clause in the partnership contract arranging for the other partners to continue the general partnership  with or without a new partner  or to terminate it.

C. Limited partnership, the “CV”

A limited partnership, the “CV”, is a special type of general partnership (VOF). The difference is that the CV has two types of business partners: general, and limited or sleeping partners. The latter are only financially involved; they cannot act on behalf of the partnership. Besides, the name of a limited partner cannot be used in the trade name of the limited partnership.

Setting up

A partnership contract is no statutory requirement for a limited partnership, but, again, partners better put down the agreements. Apart from the matters mentioned in the VOF, the contract should arrange the distribution of profit between general and limited partners. When registering a limited partnership in the Trade Register, the personal details of the general partners are listed; the details concerning the limited partners are restricted to total number and their contributions in the partnership.

Liability

General partners can be held fully liable if the partnership fails to meet its obligations. Bankruptcy of the limited partnership will automatically lead to the general partners’ bankruptcy (not applicable to limited partners). A limited partner can only be held liable to the maximum sum contributed to the partnership. However, should the limited partner act on behalf of the partnership, he will be seen as a general partner and fully liable, in which case creditors of the partnership can lay claim on his private property as well. Restrictions agreed upon in the partners’ authority have to be officially registered in order to gain legal force towards third parties.

The general partners’ liability in a limited partnership is quite broad, so, if partners are married under a community of property regime they are advised to have a prenuptial or postnuptial agreement drafted. A civil-law notary could provide more information.

Taxes and social security

General partners pay income tax on their share in the profit. If the Tax Administration sees the individual partner as an entrepreneur, they are entitled to various tax allowances, such as the entrepreneur’s allowance, investment allowance and the tax-deferred retirement allowance. As far as social security is concerned, the same rules apply to the entrepreneur  partner as to the owner of a one-person business. Limited partners, who cannot be held personally liable for the enterprise’s debts, are not seen as entrepreneurs by the Tax Administration.

Continuation of the business activities and business succession

Under Dutch law the limited partnership ends when one of the partners resigns or dies. In order to secure the continuation of the limited partnership, the partners can include a clause in the contract arranging for the other partners to continue the partnership  with or without a new partner  or to terminate it.

D. Professional partnership, the maatschap’

The partnership referred to as maatschap’ under Dutch law differs from the general partnership and the limited partnership in that it is a form of cooperation established by professionals such as doctors, dentist, lawyers, accountants, physiotherapists etc., rather than a cooperation established for the purpose of doing business. The partners are referred to as maten’ instead of partners’. Each maat’ contributes personal efforts, capital and/or assets. The purpose is to share the income earned on the one hand and the expenses incurred on the other.
Setting up a professional partnership

A partnership contract is no statutory requirement for the formation of a professional partnership, but partners better lay down their agreements with the other professionals in a partnership contract. This partnership contract could arrange the following matters:

* contributions made by the partners;
* distribution of profits, pro rata each partner’s contribution – distributing all profit to one partner is not allowed;
* allocation of powers – each partner is entitled to perform management acts, unless agreed upon otherwise; as of 1 July 2008 the professional partnership has to register in the Trade Register. This does not apply to partnerships that only act internally, such as a partnership in which costs are pooled.

Liability

Each authorised partner can enter into a contract, thus binding the partnership: all partners. Each partner can be held liable for an equal part. If a partner should act beyond his authorization, the other partners will in principle not be held liable: the partner in question is the only partner that has bound himself. A professional partnership has no separate capital’ from the private assets of the partners. Creditors having a claim on the partnership can only seek recovery for equal parts from the individual partners; these creditors do not rank above creditors who have a claim on the private assets of a partner. To a married partner the same reservations apply as to the general partners in general partnerships and limited partnerships. They are advised to have a prenuptial or postnuptial agreement drafted. A civil-law notary could provide more information.

Taxes and social security
Each partner pays income tax on his profit share. If the Tax Administration sees the individual partner as an entrepreneur, he is entitled to various tax allowances, such as the entrepreneur’s allowance, investment allowance and the tax-deferred retirement allowance. Regarding social security the same rules apply to the entrepreneur  partner as to the owner of a one-man business

Continuation of the business activities and business succession

Under Dutch law the professional partnership ends when one of the partners resigns or dies. In order to secure the continuation of the partnership, the partners can include a clause in the contract arranging for the other partners to continue the partnership  with or without a new partner  or to terminate it.

E. Private company with limited liability, BV’

In contrast to the legal forms described above – enterprises run by natural persons – the private limited is a legal person: a person having rights and obligations, just like a natural person. The natural person who has incorporated the private limited cannot be held liable, in principle, for the debts incurred by the private limited. The BV itself is seen as the entrepreneur, whereas the natural person who is appointed director merely acts on behalf of the BV and cannot be held personally liable for his acts. A private limited company can be incorporated by one person  a sole shareholder BV  or by more persons. The capital of a private limited is divided in shares.

Incorporating

This involves a number of statutory requirements, most important of which:
Incorporation takes place through a notarial deed. This should include the articles of association of the company. The civil-law notary will check the legal contents of the articles.
A certificate of no-objection from the Ministry of Justice must be submitted before the incorporation can be effected. The Ministry checks whether the person incorporating the company has ever been involved in bankruptcy proceedings or fraud cases.

The incorporation of a BV requires a minimum capital of EUR 18,000 (cash or in kind) in the private limited.

Liability

The shareholder’s liability is limited to the total sum of his participation. Since the BV is a legal person, having its own independent rights and obligations, the persons involved – directors and supervisors – cannot be held liable for the debt of the company. In other words: the company’s creditors can never seek recovery from the private assets of these officers. However, a company director or officer may be held liable as a private person if he has acted negligently or culpably. If they are responsible for the company’s bankruptcy because of wrongful or fraudulent behaviour in the company’s policy, creditors of the company may file a claim against them.

In the formation phase of the company, a director may be liable for the company’s acts. This liability ends as soon as the legal person is incorporated and the acts are confirmed by the company. As long as the company has not been registered in the Trade Register, directors’ and officers’ liability continues. In practice, limited liability often does not apply because banks require the director and principal shareholder of the company to co-sign for loans taken out on behalf of the BV.

Taxes and social security

The private limited pays corporation tax  also referred to as company income tax  on the profits earned. The BV’s director and shareholder are employed by the BV His eligibility for social security under the Dutch social security laws depends on the relation of authority between himself and the private limited. A relation of authority is considered not to exist if:

* the director, possibly with his or her spouse, can cast more than 50% of the votes in the shareholders’ meeting;
* two thirds or more of the shares are held by the director and/or close relatives up to the third degree;
* the director cannot be dismissed against their will.

Without a relation of authority, the director and shareholder cannot rely on the social security insurances. He will have to take out his own insurances; to him the same rules apply as to the owner of a one-person business.

Continuation of the business activities and business succession

Continuation of the company is secured by the fact that the BV is a legal person that exists independently from the persons having incorporated or managing the private limited. When the director dies, the continuation of the enterprise is not at risk, viz. the enterprise is run by the BV and a new director will have to be appointed.

A private limited can be sold in two different ways:

* BV’s shares are sold;
* BV’s enterprise (machines, inventory, stocks, etc.) is sold.

If the shares are sold, the proceeds are subject to income tax (box 2) if the shareholder has a substantial interest (holder of a minimum of 5% of the shares).

If the enterprise is sold, the BV will have to pay corporation tax on the profit or book profit on the sale. If the shareholder of the BV selling the enterprise is a BV itself, the structure is referred to as a holding – advantage of which: the holding will in principle have to pay taxes on the proceeds.

Registration of your enterprise

Before you are allowed to start your business operations, you have to register your enterprise in the Dutch Trade Register, which is administered by the Chambers of Commerce. Registrations in the Trade Register are public; everyone can check whether a particular person is authorised to act on behalf of an enterprise and which legal form it has: a one-man business, a partnership or a private or public limited.

The Chamber of Commerce could run a trade name investigation for you to make sure that the selected trade name does not infringe the rights of other enterprises. This trade name investigation is not free of charge.

Holland Gateway (the cooperation of the Netherlands Chambers of Commerce, Ministry of Economic Affairs and other official institutions) is located at Amsterdam Schiphol Airport. This bureau promotes the ease of doing business in the Netherlands.

How to register your enterprise

Registration requirements

Once you have decided upon your business’ legal form, you can have your enterprise registered at the local Chamber of Commerce. Registration should take place within a period of one week preceding, and one week following the actual commencement of business activities.

Without registration in the GBA, you will need to submit authenticated proof of your residential address abroad. The person registering the business has to submit a valid proof of identity, which document has to be personally submitted at the Chamber of Commerce. The following documents are accepted as valid IDs:

* a valid travel document (passport or European ID card);
* a valid Dutch driving licence (non-Dutch driving licence not accepted);
* a residence permit issued by the IND;
* a Dutch refugee passport
* a Dutch aliens passport

If you do not start your business at your home address but at a location you have e.g. rented, you will also be requested to show the lease to confirm the business address.

Once the registration has been completed, you will be given a unique eight-figure registration number. This KvK number should be referred to on all your outgoing mail. Free of charge, you will receive an extract of your registration, a KvK-uittreksel'(excerpt).

Who can register the enterprise

When an enterprise is registered at the Chamber of Commerce, it is of the utmost importance that the registration forms which are submitted have been signed by the right person. Depending on the legal form of the enterprise, the forms can be registered in the Trade Register by:

* the owner of the one-man business (registration of a one-man business),
* the partners (registration of a general partnership, VOF, and a professional partnership, maatschap’)
* or the general partners (registration of a limited partnership, CV’)
* If the enterprise is a legal person, a BV, the civil-law notary will usually see to the registration formalities.

The persons who should register the enterprise and sign the registration forms can also be held responsible in the event an enterprise is not registered.

In special circumstances other persons may be authorized and/or obliged to see to the registration of an enterprise. The Chamber of Commerce can advise you on these circumstances.

Registration forms

The registration forms can be downloaded from the Chamber of Commerce website. As a statutory requirement, all forms are in Dutch and have to be completed in Dutch. Translations in English of forms 6, 11 and 13 are available to assist you while filling in the Dutch form to be handed in.
Registration is not free of charge. When you register a business, a fee will be due for the calendar year the enterprise is registered in. After that initial year, an annual fee will be charged in the first quarter of each year. The total sum of this contribution depends on the legal form.

After registration

Once the enterprise has been registered, it is the owner or partner’s responsibility to keep the information up-to-date. With a BV the manager authorised to act on behalf of the BV is responsible.

Permits and Licences

Most business activities can be performed without any permits or licences, but for some activities, like catering business, transport or taxi firm, you do need a licence. And an environmental permit may be required if your products or business operations negatively affect the environment. Permits and licences can be applied for at the municipality or at the provincial authorities.

Check how you can use your degree or diploma for your business in the Netherlands. International Credential Evaluation: http://www.idw.nl/international-credential-evaluation.html

Some sectors require registration with an industry board or a product board. Registration is a statutory requirement, based on the Act on Business Organisations. An industry board is a kind of interest group for a specific sector. The same applies to a product board, which includes all enterprises in a production chain, from producers of raw material to manufacturers of end products.

Termination / dissolution of the enterprise

When transferring or selling your company, you will have to comply with a number of rules and regulations. You should also enter information about the sale into the Trade Register and reach a settlement with the Tax and Customs Administration. A business transfer within the family involves several other tax aspects.

Expatica will publish Becoming a self-employed entrepreneur the Netherlands (part 1) on Sunday 27 February.

Chambers of Commerce
The Dutch Chambers of Commerce provide information on starting a business, legal forms, registration in the trade register, international trade etc. We have accumulated knowledge, contacts and partnerships, which makes it the essential reference point for every firm doing or seeking to do business.

Drop by for specific information
Apart from general information, the Chambers of Commerce will be glad to provide you with further details regarding your specific position: either at the start of your business or while running it.

If you are located and/or interested in the Region Amsterdam:
Do call 020-5314684 for a consultation with one of our specialists of the Bedrijfsvoorlichting department.

Best Legal Advice Warranted For Employment Tribunals

Many states are coming up with their independent employment tribunals as part of rapid dealing with cases related to jobs and such circumstances. Tribunals have been resorted to by many governments, both at the local centres and also at the state levels. These are courts which deal with matters of governance and of civil nature, but mostly their functions are to hear out cases which can be dealt without having a jury or long trials. Tribunals are usually meant to expedite civil cases, which are concerned with administrative matters. Judges sitting in chair in employment tribunals are either specially deputed from the regular courts or have special expertise in administrative cases.

Whenever employment related issues are to be brought into the court of law, it is seen that tribunals are the best places to go because the final word can be received quickly. If an applicant is not satisfied with the results, then the case can be taken to the higher levels. But if things are alright for them, then it is very easy and even productive to start at the very beginning. Since special cases are only heard in these tribunals, not every lawyer or solicitor would be able to handle the cases.

Further, general public is totally unaware about the proceedings inside the court room. For this reason, legal advice is highly essential whenever matters of employment are brought before the employment tribunals. Lawyers can be contacted when these kinds of cases are forthcoming. People can approach solicitors of repute, who have been handling the cases and have the necessary expertise to give them legal advice. Many people are there, who are not in the knowledge of such specialised lawyers.

To get more information on them, people should ask about in the court or their lawyer friends to suggest the name of the right solicitors for them. With the right kind of advice on legal matters, clients can be sure of getting a reprieve in their cases, or at best they will have a proper representation in the court of law. During any problem that arises in case of employment or in offices or work related environment, aggrieved persons can go for the employment tribunals, through the employment lawyers or solicitors.

It has become customary nowadays, much because of the fact that people are becoming aware about their rights and also because there are plenty of experts who can provide legal advice on matters related exactly to employment. These are people who have had specialisation of employment and labour laws in their courses or have been practising the same in courts for many years now. Taking advice about matters pertaining to employment tribunals is therefore the usual method to start of a case these days, so much so that employment related lawyers are beginning to go for these features by getting the proper mileage and advertisement.

The Rise Of The Temporary Employment Agency

There is a huge influx of skilled professionals and executives into the temporary employment category, which has sprung up a number of temporary employment agencies. One of the harsh lessons learnt by companies from the economic slowdown is not to bite more than they can chew. The volatile economy has left companies with no choice but to disband their long term projections and work for today. Such an attitude has changed the outlook of an average American on temporary employment.

In recent developments it has been noted that the pay rates for temporary workers overweighs those of full-timers. Temporary employment agencies have been on a hiring spree and some of them house more employees than large American corporations. In a dynamic labor market temporary workers not only enjoy the competitive pay, but also the time it gives them for other activities. The average time span of a temporary assignment ranges between 10 to 12 weeks. A lot of the work-force prefers to hang-on to the temporary jobs while looking to land a more stable job; it puts them in a win-win situation. In 2010 it was predicted that temporary workers would account for 4% of the workforce within three years, the same number was 1.65% before the recession.

Temporary employment agencies are making hay while the sun is still shining; their clients pay them a service fee and cover the temporary workers wages, payroll taxes, unemployment insurance and workers’ compensation fees. Organizations have also found it profitable to tie-up with such agencies because it reduces their costs by almost 8%.

The picture is not all rosy for temporary employment agencies as they have to shrug off immense competition from fellow agencies. The rise in the number of agencies has also lead to clients being more demanding with respect to negotiating fees and other expenses.

It is also worthy to note that temporary employment agencies are starting to dole out attractive benefits and other perks to further draw more talent towards temporary employment.

With the economy not showing great signs of recapturing its former glory, the rise of temporary employment agencies is a significant development in the larger picture.