OTIS Advocaten

The Pay Transparency Act requires employers to be transparent about pay. Among other things, this means that you must be able to provide clear information about the salary levels for different roles, the criteria for pay differences, and any bonuses or fringe benefits.

As an employer, you must ensure that employees are not disadvantaged when asking about pay and that your pay structure is objective and verifiable. The law is intended to promote equal pay for equal work and to prevent discrimination.

Our employment law specialists can help you implement a pay transparency policy, draw up job descriptions and pay structures, and ensure compliance with legal obligations.

Please feel free to get in touch for advice, with no obligation.

The DBA scheme (Deregulation of the Assessment of Employment Relationships) determines whether a self-employed person is working as a genuine self-employed person or as a disguised employee. As an employer, you are responsible for correctly assessing the employment relationship. This has implications for payroll tax, social security contributions and employment rights.

When working with self-employed individuals, it is important to draw up clear agreements setting out responsibilities, the degree of autonomy and the risks involved. This will help you avoid additional tax assessments or claims from the tax authorities. Our employment law specialists can advise you on contracts, risk assessment and compliance with the DBA rules.

Please feel free to get in touch for advice, with no obligation.

If a customer fails to pay, you can take action yourself first by sending a clear payment reminder and a formal notice, specifying a payment deadline and warning of additional charges.

If payment is not received, you can engage a specialist debt recovery solicitor who will send a demand letter or, if necessary, take legal action such as initiating proceedings and seizing assets. Our debt recovery solicitors will advise you on the best course of action, the chances of success, and help you avoid unnecessary costs.

Please feel free to contact us for advice, with no obligation.

This is one of the most common disputes in construction and property law. Examples include situations where: handover is delayed, the work is defective, additional work is wrongly invoiced, or the terms of the building contract are not fulfilled.

In such cases, it is vital to act swiftly and in accordance with the law.

Step 1: Notice of default

In most cases, the contractor must first be formally given notice of default. This means that you must give them a reasonable period of time, in writing, to rectify the defects or fulfil their obligations. Without a proper notice of default, you are often unable to claim compensation or terminate the contract.

Step 2: Gathering evidence

Document defects carefully (photographs, reports, correspondence). In complex cases, a structural engineer or an expert’s report may be required. Solid evidence often determines the outcome of legal proceedings.

Step 3: Next legal steps

If recovery does not materialise, the following measures, amongst others, may be taken:

• suspension of payments;
• engaging a third party at the contractor’s expense;
• termination of the contract;
• compensation;
• the imposition of (precautionary) attachment.

Which course of action is advisable depends on the contract, the defects and the financial interests involved.

Please feel free to contact us for advice, with no obligation.