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Training and staff: will the study costs clause be abolished as of August 1, 2022?

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Final exams are over for most high school students this month. This also marks the end of a period of knowledge development at government expense. What happens when a student enters the labor market after secondary school and starts working for you: do you have a training obligation as an employer? Who pays for the costs of training during employment? And is it possible to make agreements with your employees about the (re)payment of study costs?

The observant reader will recognize the beginning of my blog from a year ago about the study costs clause in the above text. At that time we knew that due to European regulations new legislation was coming as of August 1, 2022, but we did not yet know what the law would read. We now know more, because on July 6, the new law was published in the Official Gazette!

Read more: jpost

Act implementing EU directive on transparent and predictable employment conditions

With the aforementioned law, new employment law rules have been added in the Netherlands. The law applies from 1 August 2022. A number of the new rules concern the study costs clause. But what will actually change?

Restriction for employers to recover study costs from employees

Section 7:611a of the Dutch Civil Code deals with your training obligation as an employer. As of 1 August 2022, a number of paragraphs will be added to this section of the law, on the basis of which you – in short – must offer your employees the legally required training in the context of their own position free of charge .

And if you have a legal obligation to offer training free of charge, you may not recover the costs from your employee afterwards. Not even when your employee leaves the company. Agreements about the repayment of those specific training costs, for example in a study costs clause, are no longer valid from 1 August 2022. This also applies to study costs stipulations agreed before 1 August 2022. Is this cause for panic now? No, don’t worry.

The vast majority of existing study cost clauses or study cost agreements will remain valid, even after August 1, 2022. Of course, the criteria for a valid study cost clause, as set out in my previous blog , must be met . From August 1, 2022, it is no longer permitted to recover training costs from an employee for training courses that you are obliged to offer by law or collective labor agreement (CAO).

Which training courses must an employer offer?

Unfortunately, there is no register (yet) in which all training courses are listed that you are obliged to offer to your employees. According to the legislator, this will usually involve training in the field of safety and working conditions. In the latter case, it is about keeping track of professional competence. It is therefore important for you as an employer to check in the short term whether there is a (concrete and explicit) obligation under a law or collective agreement to offer training to your employees.

I note, however, that you are not obliged to offer your employees full vocational training for a regulated profession free of charge. Regulated professions are professions such as a gas measurement expert, a crane operator, a sworn interpreter and a physiotherapist. The list of regulated professions is laid down in an appendix to a ministerial regulation . For the costs of vocational training for one of these professions, you can still agree a valid study costs clause with certainty.

What about the costs of vocational training for a profession that is not included in the annex? Is a study costs clause that has already been made no longer valid? Can you no longer agree on a valid study cost clause for the costs of such a course? In my opinion, existing agreements are still valid and you can also agree on a valid study costs clause or study costs agreement for those courses. Unless there is a legal obligation for you as an employer to offer your employees full vocational training. As far as I know, this doesn’t happen very often (yet).

Study costs clause or study costs agreement from August 1, 2022?

Not as far as I’m concerned. As an employer, you can also agree on a valid study costs clause or study costs agreement after 1 August 2022, unless it concerns training courses that you, as an employer, are obliged to offer to your employees by law and/or collective agreement.

Other changes pursuant to the EU Directive on Transparent and Predictable Employment Conditions Implementation Act

In addition, as of August 1, 2022, a so-called ‘ancillary activities clause’ in the employment contract is no longer always tenable. From that date, you as an employer cannot simply prohibit your employee from performing other activities in addition to their work at your company. The ancillary activities clause must be justified on the basis of an objective reason. A direct adjustment of the ancillary activities clause in your model employment contract is not necessary, but be aware of the requirement of justification.

Finally, the new law also extends your information obligation (further). Because of this extensive information obligation and other regular changes in employment law, I advise you to have your models checked periodically! This prevents surprises and therefore unnecessary costs. Do you have questions about your specific situation and the possibilities? Feel free to contact us. We think in terms of the best solutions.

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Why Orbit Could Make Sense For Your Benefit Verification Automation Business

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For most healthcare providers, patient health insurance information is captured in 1 of 2 ways. They use a clipboard and paper, or they manually input it into their digital system. Unfortunately, using either of the 2 traditional methods opens the provider up to a larger risk of insurance claim denial. Most often, these methods lead to human error affecting around 1 in every 25 cases.

The consequences of these errors can’t be understated, however. Anywhere from $30 to $71 is lost on average for every claim, totaling $262 billion in insurance claim denials. On top of that, 65% of denied claims aren’t reworked even though 66% are recoverable, meaning this money is ultimately lost. But fortunately, modern innovation has brought about a solution to this problem in the form of AI-integrated automated insurance card capture systems.

Companies like Orbit allow AI-integrated insurance benefit verification automation systems which accept both printed and digital forms of insurance IDs. Trained on over 4,000 carriers and 20,000 plans, this system validates, verifies, and maps payer and plan type in 5 seconds or less. By switching to this automated card capture, providers can see savings upwards of 40% of current costs. Ultimately, regardless of what stage your business is at, the benefits Orbit provides can provide you value.

Build vs Buy - Orbit Healthcare - Insurance Benefit Verification Automation
Source: Orbit Healthcare
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Understanding Your Rights After a Daytona Beach Accident: A Guide for Victims

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As you deal with the consequences of a Daytona Beach accident, you must understand your rights to ensure fair compensation and justice. You’re not only coping with physical and emotional trauma but also dealing with insurance companies, legal procedures, and Florida accident laws. You need to know how to seek medical attentiondocument expenses, and build a strong case. To get started, it’s crucial to take the right steps in the days and weeks following an accident. The Law Offices of Anidjar & Levine can guide you through this process. We’ll outline the key steps to protect your rights and secure a favorable outcome. If you’ve been involved in an accident, consider consulting with a Daytona Beach Accident Claims Lawyer to ensure you’re taking the necessary actions to protect your rights.

Key Takeaways

  • Seek immediate medical attention after an accident, as some injuries may have delayed symptoms that are just as severe.
  • Understand Florida accident laws, including comparative negligence, statute of limitations, and ‘no-fault’ insurance laws, to effectively seek justice.
  • Document interactions with insurance companies and understand policy loopholes to prevent claim denial and low settlements.
  • Preserve evidence, including medical records and expenses, to strengthen your personal injury case and ensure fair compensation.
  • Consult with an experienced attorney to navigate the claims process, develop a strong case narrative, and protect your rights as a victim.

Seeking Medical Attention After Accident

Immediately after a Daytona Beach accident, we must prioritize our health and well-being by seeking prompt medical attention, even if our injuries appear minor. It’s important to remember that some injuries may not manifest immediately, and delayed symptoms can be just as severe as immediate ones. We should never assume that we’re fine just because we don’t feel severe pain or discomfort right away.

In fact, some injuries, such as concussions, whiplash, or internal injuries, may take days or even weeks to manifest. That’s why it’s vital to get an immediate diagnosis from a medical professional. By doing so, we can rule out any potential life-threatening conditions and begin treatment for our injuries promptly. Delayed symptoms can be particularly challenging to diagnose, as they may not appear until weeks or even months after the accident.

As accident victims, we must be proactive in seeking medical attention. We should never downplay our injuries or brush them off as minor. Instead, we should prioritize our health and well-being by seeking immediate medical attention. By doing so, we can make sure that we receive the necessary treatment to recover from our injuries and regain our quality of life. Remember, our health is our top priority, and seeking prompt medical attention is the first step towards recovery.

Dealing With Insurance Companies Effectively

After seeking medical attention, we must handle the challenging process of dealing with insurance companies, which can be a demanding task, especially when we’re still recovering from our injuries. It’s important to understand that insurance companies are businesses, and their primary goal is to minimize payouts. To effectively deal with them, we need to be mindful of their tactics and policies.

Insurance companies often use various tactics to deny or reduce claims. They might ask us to provide unnecessary information, delay processing our claims, or try to get us to accept a low settlement. We must be cautious and not fall prey to these tactics. It’s vital to document every interaction with the insurance company, including dates, times, and details of conversations.

We should also be aware of policy loopholes that the insurance company might use to deny our claim. For instance, if we missed a deadline or failed to disclose certain information, the insurance company might use this as a reason to deny our claim. By understanding our policy and the insurance company’s tactics, we can make sure we receive the compensation we merit. It’s important to stay organized, persistent, and informed throughout the process. Remember, we don’t have to face this challenging process alone. Consulting with an experienced attorney can greatly improve our chances of getting a fair settlement.

Understanding Florida Accident Laws

As we maneuver through the intricate process of dealing with insurance companies, it’s equally important for us to understand the Florida accident laws that govern our case and ultimately impact the outcome of our claim. Florida statutes dictate the rules and regulations surrounding personal injury cases, and it’s imperative we comprehend these laws to traverse the system effectively.

One critical aspect of Florida accident laws is the concept of Comparative Negligence. This doctrine allows the court to assign a percentage of fault to each party involved in an accident. For instance, if we’re found to be 20% responsible for the accident, our damages will be reduced by that percentage. Understanding Comparative Negligence is crucial, as it directly affects the amount of compensation we may be eligible to receive.

Florida statutes also dictate the statute of limitations, which sets a deadline for filing a claim. It’s important we’re aware of these time constraints to avoid missing our opportunity to seek justice. Additionally, Florida’s ‘no-fault’ insurance laws require us to carry Personal Injury Protection (PIP) insurance, which provides limited coverage for medical expenses and lost wages, regardless of fault.

Filing a Personal Injury Lawsuit

We take the next vital step in seeking justice by filing a personal injury lawsuit, which demands careful preparation and strategic planning to guarantee the best possible outcome. It’s important to understand the process and what to expect when pursuing legal action after a Daytona Beach accident.

Before filing, we must consider the statute of limitations, which in Florida is typically four years from the date of the accident. Failure to file within this timeframe can result in the loss of our right to seek compensation. We must also gather all relevant evidence, including medical recordswitness statements, and police reports, to build a strong case.

Once we’ve prepared our case, we’ll proceed to the discovery phase, where we’ll exchange information with the opposing party. This may involve depositions, interrogatories, and requests for production. We’ll also participate in jury selection, carefully choosing impartial jurors who can render a fair verdict.

Throughout the process, we’ll work closely with our attorney to develop a compelling narrative that showcases the extent of our injuries and the negligence of the responsible party. By doing so, we’ll increase our chances of securing fair compensation for our losses. By understanding the ins and outs of filing a personal injury lawsuit, we can navigate the intricate legal system with confidence and assert our rights as accident victims.

Protecting Your Rights as Victim

Our rights as victims of a Daytona Beach accident are only as strong as our ability to protect them. It’s essential to take proactive steps to safeguard our interests and make sure we receive the compensation we merit.

Protecting Our RightsWhy It MattersActionable Steps
Preserving EvidenceVital for building a strong caseTake photos, notes, and witness statements
Seeking Legal RepresentationExpert guidance for maneuvering the legal systemConsult with a Daytona Beach accident attorney
Documenting ExpensesAccurate record-keeping for compensationKeep receipts, invoices, and medical records
Avoiding Statements to InsurersProtecting ourselves from misrepresentationRefrain from giving statements without legal counsel

We must be mindful of the actions we take immediately following an accident. Preserving evidence, seeking legal representation, documenting expenses, and avoiding statements to insurers are all crucial steps in protecting our rights. By taking these proactive measures, we can strengthen our position and increase our chances of securing fair compensation. Remember, our rights are only as strong as our ability to protect them. By being informed and taking the necessary steps, we can ensure that our rights are protected and our interests are represented.

Conclusion

As accident victims, we’ve learned that seeking immediate medical attentiondealing with insurance companies effectively, and understanding Florida accident laws are vital steps in protecting our rights. By preserving evidence, documenting expenses accurately, and seeking legal representation from professionals like the Law Offices of Anidjar & Levine, we can build a strong case and increase our chances of a favorable outcome. By being informed and proactive, we can take control of the process of filing a personal injury lawsuit and guarantee fair compensation and justice. If you’ve been injured in an accident, remember that you have the power to take action and secure your rights; take the first step towards fair compensation and Contact Us.

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7 Key Elements of a Strong Business Partnership Agreement

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Entering a business partnership is akin to a marriage in the commercial world. Like any successful marriage, a partnership should begin with clarity and understanding, embodied in a well-crafted partnership agreement. This document is fundamental in defining how the business operates and how disputes are managed, preventing misunderstandings that could potentially derail the business. Here are the seven key elements every strong business partnership agreement should include:

1. Ownership and Capital Contributions

Clearly outline each partner’s stake in the business. This includes not just the percentage of ownership but also what each partner is contributing to the business, whether it’s cash, property, or services. A detailed account of these contributions at the outset prevents disputes over equity and investment down the line.

2. Distribution of Profits and Losses

Decide and state explicitly how profits and losses will be shared among partners. Will profits be distributed equally, or will they correspond to each partner’s contribution or ownership percentage? Addressing this early on will smooth out one of the most critical aspects of a business partnership.

3. Roles and Responsibilities

A partnership works best when each partner knows what is expected of them. The agreement should specify the roles, responsibilities, and expectations for each partner, including who makes daily business decisions, who handles specific duties, and how responsibilities are divided. This clarity ensures the business operates smoothly and efficiently.

4. Decision-Making Processes

Establish how decisions will be made within the partnership, including what types of decisions require unanimous consent and which ones can be made by a single partner. This section should also cover how disputes will be resolved, whether through mediation, arbitration, or another method. It’s essential for preventing deadlock situations that can hinder business operations.

5. Dispute Resolution

Despite the best intentions, disagreements will arise. Including a dispute resolution process in your partnership agreement can help resolve conflicts without resorting to legal action. Whether it’s through mediation, arbitration, or a designated third party, having a clear method for handling disputes can save time, money, and relationships.

6. Change of Ownership

Consider scenarios such as a partner wanting to exit, retire, or sell their portion of the business. How will their share be valued? Who can buy into the partnership? Setting these terms in advance helps manage transitions smoothly without significant disruption to the business.

7. Dissolution

Though it may seem pessimistic to consider the end at the beginning, outlining the process for dissolving the business is crucial. This includes how assets will be distributed, how debts will be paid, and any other steps required to wind down the business properly. Having an exit strategy in place provides a clear path forward if the partnership must be dissolved.

Invest in the Future

In summary, a strong business partnership agreement lays the foundation for a successful collaboration. It not only outlines the expectations and responsibilities of each partner but also provides mechanisms for managing disputes and transitions. By including these seven key elements, partners can ensure their business operates smoothly, focuses on growth, and withstands the challenges of partnership dynamics. Taking the time to create a comprehensive partnership agreement is an investment in the future stability and success of the business.

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