Frequently Asked Questions
Many questions have been asked of us before. We have compiled them along with their answers to save you time.
If your question is not listed, we are happy to assist you further during an intake meeting at our office.
When is a change in job position possible?
The easiest way is for the employer and employee to make agreements in advance regarding when the employee's job position can be modified. If the employment contract does not specify anything about this, the employer and employee must agree to the change in job position.
How long is a valid probationary period?
In Curaçao, a probationary period of two months can be agreed upon. Oral agreements regarding a probationary period are not valid.
Can a fixed-term employment contract be terminated prematurely?
A fixed-term employment contract can only be terminated prematurely if that possibility is explicitly stated in writing in the employment contract. In such cases, the employer would need a dismissal permit to terminate the contract.
When are our general terms and conditions applicable? General terms and conditions are applicable if they have been sent or provided in advance and the other party accepts these terms and conditions.
When am I personally liable as a director?The basic principle is that a director of a company cannot be held personally liable. However, a director runs the risk of being held liable in situations where there is a serious personal reproach, such as entering into an agreement knowing in advance that the company will not be able to fulfill its obligations under that agreement.
How is a managing director dismissed?
The dismissal of a managing director requires a resolution of the General Meeting of Shareholders (GMS). A managing director in Curaçao does not enjoy protection under labor law. In Aruba, the situation is different, and the dismissal of a managing director through a resolution of the GMS does not automatically terminate the employment contract.
Often, contracts include a provision on how parties can act in the event of a force majeure situation. Depending on the wording of this provision, a force majeure situation caused by COVID-19 may fall under it. However, the inability to fulfill those obligations must be a direct consequence of the COVID-19 crisis.
We have made an oral agreement. Isn't that valid as well?
Oral agreements are equally valid as written agreements. However, they can be more difficult to prove compared to written agreements.
The contract includes a penalty clause. What should I be aware of?
If a penalty clause is included in a contract, you cannot simply avoid it. The court is also unlikely to reduce a penalty clause. Contractual penalties can be substantial. Therefore, it is important to carefully consider the content of a penalty clause and the situations in which the counterparty can invoke it.
Mediation is not limited to any specific legal area and can be used for a wide range of conflicts.
What is the role of the mediator?
The mediator ensures that all parties can express themselves and understand the interests of others. Like a judge, the mediator is neutral and impartial, but they do not make decisions. During the process, the mediator helps the parties find solutions that are acceptable to all participants.
Can the information disclosed during mediation be used in a legal proceeding?
The basic principle of mediation is that everything discussed is confidential and cannot be used outside of the mediation sessions. However, parties can make alternative agreements regarding the sharing of information beforehand.
What is the difference between the acknowledgment of paternity and parental authority?
Acknowledgment of paternity means taking on legal parenthood and being obligated to support your child. It does not require you to be the biological parent of the child. Parental authority refers to the right to make decisions regarding the upbringing and care of the child. If the parents are not married, the father does not automatically have parental authority.
We have joint custody, and I want to take my child on a vacation abroad, but the mother refuses to give permission. What can I do?
Custody disputes can be brought before the court, which can grant substitute permission for a vacation abroad. It is always worth trying to contact the mother through an attorney or mediator to reach an agreement. This is not only beneficial for the relationship between both parties but also helps save costs.
We are married in a community of property. My partner has a debt that he is repaying on his own. Do I have to contribute to his debts if we get divorced?
If you are married in a community of property, all incurred debts generally fall within the community, which means that both of you are responsible for paying half. However, there are very exceptional situations in which debts may have a highly personal character, and in such cases, there may be an exception to the general rule.
Do you have a different question regarding your situation?
Contact us to book an intake meeting, where we reserve 60 minutes for you on our agenda.
What we discuss is entirely up to you.
