free choice of employment). As a result … In the Netherlands, sources of employment law primarily include the Dutch Constitution, civil law, numerous acts, jurisprudence, labour regulations, collective labour law and collective labour agreements. Moreover, the right to join a trade union and conclude collective bargaining agreements is laid down in various conventions of international organisations, such as the International Labour Organisation (ILO). The person entitled to parental leave has the right to keep their own position with the working hours as stated in the employment contract. Economical, technical or organisational interests can form a ground to allow unilateral amendments to collective agreements. While the verdict is not legally binding, employers must follow the judgment in a vast majority of the cases. That way you can both negotiate your contract better and protect your job better in case of any wrongdoings. Screenings are only lawful when the employer has obtained official authorisation. An economical entity shall be seen as a set of organised resources, intended to execute a (primary) economic activity. Dutch labor laws regarding your contract of employment in the Netherlands are numerous; here are some expert tips on negotiating your employment contract. The " Dutch labour law and HRM for contemporary management” programme or learning path consists of various one-day modules. The Situation: Several changes to Dutch employment law took effect January 1, 2020, most notably those resulting from the Labor Market in Balance Act.. An employer shall equally treat all work that was performed in equal circumstances. The Dutch employee insurances are provided via laws such as the WW (Unemployment Insurance Act), the WIA (Work and Income according to Labor Capacity Act, WGA (Return to Work (Partially Disabled) … Edith Nordmann The conditions can be changed to their benefit, but a “comparison of entire packages” before and after, which can lead to worse conditions on certain topics and the improvement of others, is not permitted. The amount of compensation is based on the monthly salary and the amount of working years. This article summarizes some of the differences between Turkish Labor Law and Dutch Employment Law. The employment relationshipunder Dutch law is governed by the compulsory statutory regulationslaid down in (for example) the Dutch Civil Code. While both have their respective competences, there is some common ground between Dutch trade unions and works councils. The appeal procedure takes approximately four months. Under the GDPR, employers are not justified to monitor an employee’s emails, telephone calls or the use of an employer’s computer system without having a legitimate aim and enhancing the proportionality to reach this aim. Our training can also be useful for directors of companies that already have a Dutch branch, but need a better understanding of Dutch employment law … Workshop Introduction to Dutch Labour Law & HR according to Arthur Hol - organisation psychologist and lawyer. The relationship between the Dutch employer and the employee is based on an employment contract which usually contains in the rules and regulations both parties must follow, the obligation of the … Various rules between employees and employers are laid down in legislation. Maternity leave prior to … If so, describe what reasons are lawful? An interval of six months between contracts, however, breaks the chain of consecutive temporary contracts. The Dutch civil code prescribes that employers can dismiss employees when there is a reasonable ground and reinstatement of the employee – albeit through schooling in another suitable position – is impossible within a reasonable term. During the trial period, both employer and employee are allowed to terminate the employment contract with immediate effect. Employers and employees are free to choose whether payment is involved in the termination agreement. The employer is also obliged to inform all employees in writing or digitally about the points mentioned above, about the circumstances under which they can make a report externally, and about the legal protection in the event of a report. In the event of dismissal by mutual termination agreement, the employee has a two-week reflection period to reverse the decision. The works council can also go to court if facts or circumstances, had they been known to the works council at the time of issuing the advice, would have caused the council not to issue that advice as it was issued. When complaints related to the employment agreement or other employment-related disputes are in question, the District Court for civil law (rechtbank) corresponding to the location where the labour was normally executed has the competence to handle the case. There is a substantial imbalance here that the Dutch government wants to address. In ordinary circumstances, the privacy of the employee will prevail over the employer’s interest when the use of internet is monitored or logged. 3.5        How do employees enforce their discrimination rights? Non-compliance with the obligations as prescribed by law – for example, the Collective Redundancy Notification Act – by the employer allows the cantonal court to void the termination agreement. Practice Areas > Only when the European Commission has decided that a third country guarantees an adequate level of data protection, or appropriate protection measures have been taken, or in single cases, it is permitted to transfer the data. 6.1        Do employees have to be given notice of termination of their employment? Minimum wage in the Netherlands What should you earn in the Netherlands? Typically all working residents in the Netherlands must first pay Dutch social security contributions in order to receive any benefits. Shorter notice periods are only permitted when this is laid down in a collective bargaining agreement. Business.gov.nl - The official source of information for doing business in the Netherlands, made available by the Dutch government. Indirect distinctions are lawful when based on an objective justification. If the duration of a contract is shorter than 2 years, the trial period may not exceed one month. Very strict procedural rules have to be observed. Flexibility in Dutch Labour Law by Gustav J.J. Heerma vanVoss. Companies and organisations with 50 employees or more are required to have works councils. After the leave of absence, the employee is entitled to work on adjusted hours for a period of one year unless another period has been agreed on. In 2015 some major changes have been made in Dutch labour law. As mentioned before, the defence to a discrimination claim must be an objective justification. Several categories of employees enjoy special protection against dismissal under Dutch law. If you are applying to extend a Dutch residence permit, your circumstances will be assessed again in reference to the original application. Lawyer employment rate. 3.2        What types of discrimination are unlawful and in what circumstances? The Child Labour Due Diligence Law was initiated in 2014 by then Member of Parliament Roelof van Laar (Labour Party), after which it was passed by the Dutch House of Representatives in 2017. These candidates may be a member of a trade union, although this is not required. Restrictive covenants are enforceable when: the employee is a legal adult and the restrictive covenants are agreed in writing; they are for a specific period (usually no longer than one year); and they are within a certain geographical area. … You must have worked 26 out of the previous 36 weeks before the first day of terminating your contract of employment (or fewer for those not in regular employment), although benefits can be restricted if other benefits are in operation. 6.7        What claims can an employee bring if he or she is dismissed? The notice period for the employee is usually one month. 3.6        What remedies are available to employees in successful discrimination claims? The attorneys of Amsterdam based law firm Penrose specialise in employment law. Wietje is a Member of the American Bar Association and of the Dutch Association for Labour Law and was Vice-President and President of the Labour Law Commission of the Association Internationale des Jeunes Avocats (AIJA) from 2002 to 2005. Your personal contract of employment will determine your pay and specific conditions. Dutch employment law Employment law includes the relationships between the employer and employee. With regards to collective agreements, the existing one stays applicable. This will have an impact for any employer that has employees in the Netherlands. You can of course change your mind and withdraw your consent at any time, by returning to this site after clearing the cookies on your computer or device. The works council ensures the representation of employees at board level and has several competences, such as the right to provide advice on significant decisions and measures and the right of assent on employment condition amendments. NOTE: These settings will only apply to the browser and device you are currently using. As discussed in question 3.1, an employment contract cannot be terminated when influenced by discriminatory distinctions. This prohibition forces an employer to obtain the written consent by an employee or the Employee Insurance Agency (UWV). Transfer of an undertaking is a delicate area, which needs proper attention by a trusted employment lawyer. Our employment and labour law specialists regularly advise and litigate for employers and employees. When this fails, the court will give their verdict in writing after approximately four weeks. The Dutch Working Conditions Act is a framework act: it contains general provisions on health and safety policy in an organisation. 6.6        Are there any specific procedures that an employer has to follow in relation to individual dismissals? The Dutch Child Labor Due Diligence Act (the Act) applies to all companies that sell or supply goods or services to Dutch consumers, no matter where the company is based or registered, with no … 9.3        How long do employment-related complaints typically take to be decided? The party refrains from requesting employees or clients from another. After the cantonal judge has informed the employee of the application, he/she can file a statement of opposition. The distinction would need to serve a legitimate aim, reached by proportionate and necessary measures. Your personal contract of employment will determine your pay and specific conditions. Only when there is a reasonable suspicion of misconduct, the employer will be entitled to observe or track what employees do with the internet connection. Besides the compensation for legal assistance, the costs that come with the procedures must be paid. The Situation: On November 13, 2019, the Child Labor Due Diligence Act ("Act") was published in the Dutch Government Gazette. The only condition imposed upon trade unions to take part in collective bargaining agreements is legal recognition and the aim constituting the promotion of their members’ interests and the closing of collective bargaining agreements. When only shares are subject to the transaction, the employee does not automatically transfer to the buyer but stays employed by the same legal entity. Indirect distinctions are based on a trait that is theoretically neutral but would practically coincide with a certain population group. 6.10      How do employees enforce their rights in relation to mass dismissals and what are the consequences if an employer fails to comply with its obligations? Are the employment contracts according to the Dutch employment law (trial period, non-competition clauses etc.)? If you change jobs, you don’t necessarily need a new Dutch residence permit, but the same rules will apply as for the first permit you were granted. Up until six months after childbirth, a woman has the right to extended breaks, appropriate resting areas and no obligation for overwork or nightshifts. Direct distinction is based on the “suspected” trait (such as gender, religion, race). The Act requires employers with 50 employees or more to draw up a procedure for reporting (a suspicion of) an abuse to the employer. We are approaching the end of the year. Lastly, a non-disclosure agreement (NDA) restricts communication. Employees are entitled to the transition compensation starting from the first day of their employment. 8.2        Do employees have a right to obtain copies of any personal information that is held by their employer? The UWV also expects employers to aim towards reinstatement within the business before dismissing the employee. The key differences between Dutch labour law and English employment law. Agreements at industry level account for the vast majority of collective bargaining. 2.7        Are employees entitled to representation at board level? 9.2        What procedure applies to employment-related complaints? Whether the identity is maintained depends on several criteria: the nature of the concerned business; the transition of fixed assets and compliant registers; the duration of a potential disruption; and lastly, the similarities between the business activities before and after transfer. Thursday, January 14, 2021. The UWV or the cantonal court will adopt a “preventive test” to assess whether there is a reasonable cause for the dismissal or a possibility for reinstatement. As of 1st January 2020, employment law has been amended to give fixed-term workers the same rights as the other employees to make it unattractive for employers to give fixed-term contracts instead of indefinite contracts. Dutch employment law. The aim of the Law is to put more responsibility on companies to prevent goods and services which have come into existence through child labour to hit the Dutch … Appropriate measures include Binding Corporate Rules, Standard Contractual Clauses by the Commission, approved codes of conduct or legally binding instruments between authorities. Following the childbirth, maternity leave lasts 10 weeks. To avoid the stress and worries about hiring employees in the Netherlands, Octagon can provide Dutch labour advice and services . The aim of the Law is to put more responsibility on companies to prevent goods and services which have come into existence through child labour to hit the Dutch market. It is therefore exclusively applicable to employees with an employment contract. According to Dutch Labour Law, dismissals can be performed only in the cases expressly provided by the Dutch Labor Code (frequent sickness absence, poor performance, culpable conduct, disturbed working relations) and under observance of the procedure stipulated by the respective provisions. This includes the period of 16 weeks during and an additional six weeks after the maternity leave. Sanne van Ruitenbeek & Pieter de Ruiter, Pallas Advocaten. Useful information regarding working practices, your contract of employment, Dutch labor law, and the Netherlands’ minimum wage can be found on the Ministry of Social Affairs and Employment website (www.szw.nl) or the UWV WERKbedrijf website (www.werk.nl). In principle, distinctions based on the aforementioned grounds are prohibited and would only be allowed when underlined by an objective justification. For HR Managers and directors of companies that are considering to establish a branch office in The Netherlands we offer a training on Dutch employment law. 1.5        Are any minimum employment terms and conditions set down by law that employers have to observe? Are employees entitled to compensation on dismissal and if so, how is compensation calculated? This site uses functional cookies and external scripts to improve your experience. A … Both permanent and temporary employees can be entitled to be compensated in the event of a dismissal, also known as the “transition compensation”. 1.4        Are any terms implied into contracts of employment? Under Dutch dismissal law, the parties can mutually conclude a termination agreement. 3.8        Are there any specific rules or requirements in relation to whistleblowing/employees who raise concerns about corporate malpractice? The employee’s legal position towards the transferor stays similar towards the buyer. When the distinction is objectively justified, a Dutch court or the Netherlands Institute for Human Rights will rule that a prohibited distinction is not in question. From 1 January 2020 onwards, new employment legislation will enter into force in the Netherlands. A hot topic in Dutch labour law is the gap between employees with permanent employment agreements and employees with a flexible employment agreement (e.g. Individual dismissals in the Netherlands require a procedure either at the cantonal court or the Employee Insurance Agency (UWV), an autonomous administrative authority that is commissioned by the Ministry of Social Affairs and Employment. Dutch Labour Law & HR Legal Services Baarn, Utrecht 231 followers Workshops and courses for HR Managers who are employees of multinational companies operating in the Netherlands. The starting point is to have as few additional rules as possible on top of the European Union's regulations. The Act is the result ofa longer development in the direction ofmore flexibility in Dutch labour law in order to reduce unemployment. The longer an employee has been in service, the longer the notice of termination. The Department of Labour in accordance with the vision of the Honourable Minister, has decided to utilize this medium to provide transparent and accurate information to the public of St Maarten, and in … 6.9        Does an employer have any additional obligations if it is dismissing a number of employees at the same time? Processing personal data such as ethnicity, political views, genetic information and sexual orientation is forbidden. Employers cannot unilaterally require employees to serve a period of garden leave. Previous Next. Once the Institute has collected enough information and heard the (candidate) employer, the formal inquiry (hearing) will take place. 1. The application must be in writing and supported by a reasoned opinion. Besides the legal notice of termination, certain categories of employees can be entitled to protection against dismissal and termination benefits. Also note that the works council has the right of consent to the internal reporting scheme. In addition to the labor law, the rights of the employer and employee may also be strengthened by the contract they agree upon. Grounds for dismissal could constitute structural incapacity to work, prudential reasons, labour conflicts or inadequate performance. fixed or zero-hour contract). In principle, Dutch employment contracts are not required to be in writing and can thus also be concluded verbally. The decision to terminate the employment contract shall become null and void when it is manifestly unreasonable. For the first two months you get 75% of your last earned salary, and thereafter 70%. Typically, the UWV handles the application in no more than four weeks. If the duration of the contracts or the number of fixed contracts exceeds either legal limit, the contract of employment will automatically become a permanent contract for an unlimited term. The vast majority of employees in the Netherlands enjoy pay and conditions that stem from collective bargaining. Please find below an overview of the main changes in the Dutch Balanced Labour Market … Netherlands Various rules between employees and employers are laid down in legislation. 5 talking about this. The Work and Care Act allows employees to request their employer for a temporary adjustment of the working hours. To exert involvement in the course of companies, works councils have been given several rights that include the right of consultation on relevant decisions, the right of assent on human resources, the right to initiative on internal matters and the right to speak at the shareholders’ meetings. Module 1: One-day workshop "Dutch employment law for contemporary management (basic)" In the basic workshop the focus is on the basics of Dutch labour law and its application. Introduction In this paper I will explain the recent changes in Dutch labour Law, as a result ofthe Act on Flexibilityand Security, that entered into force on January 1, 1999. This is understood to mean “any form of verbal, non-verbal or physical behaviour with a sexual connotation that has the purpose or effect of compromising the dignity of the person, in particular when a threatening, hostile, abusive, degrading or hurting situation becomes created”. 8.3        Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)? 3.1        Are employees protected against discrimination? In Short. ce-areas/employment-labour-law/ 1. With the European Union’s General Data Protection Regulation (GDPR), implemented in May 2018, employees’ rights and protections regarding personally identifiable information (PII) is considerably expanded. Can an employer transfer employee data freely to other countries? The UWV and the trade unions with members working under the employer must be notified on the intention of dismissing the employees. The Act on Equal Treatment is one of the main sources for the enforcement of discrimination prohibitions and equal treatment in the Netherlands. The obligations that rest on employees include being bound by discretion and loyalty towards the employer, following instructions/behavioural codes and, incidentally, working overtime. What are the remedies for a successful claim? Furthermore, the European Union has had a significant supplementing role due to binding legislation, complemented by the jurisdiction of the European Court of Justice. We reflect on the most recent developments in legislation and regulations. During sickness and pregnancy (and maternity leave), an employee is protected against dismissal. Screening an employee can only be carried out under the conditions as set forth in the GDPR. A contract of employment consists of three essential elements. The Balanced Labour Market Act will specify the difference between recruitment (Agency) and employment outsourcing companies (Payroll). Dutch law differentiates between direct and indirect distinctions. 7.4        How are restrictive covenants enforced? One can think of subjects like the employment contract, dismissal and leave. The most common remedy that is available to employees is compensation for material as well as immaterial damage as a consequence of the discrimination. Courts are, however, very reluctant about accepting summary dismissals under Dutch labor law. The Dutch employment law governs the relationship between employer and employee. In January 2019, a new Act granted fathers in the Netherlands five paid days of “childbirth leave” that ought to be used within the first four weeks after the childbirth. Instead of voiding, the employer has the right to request an equitable remuneration. Companies with 10 to 50 employees are required to establish a works council or staff representation when the majority of employees would demand so. One can think of subjects like the employment contract, dismissal and leave. Gaining access to a business email account that is exclusively meant for business-related communication is a permitted means to examine this, so long as it is limited in scope and proportionality. The Dutch employment law governs the relationship between employer and employee. It is standard practice in the Netherlands to get extra wages (usually 8 percent of your yearly salary) as a ‘holiday allowance’ (normally paid in May) plus four weeks of paid leave. The claim usually consists of compensation for material and immaterial damage. Maternity and Family Leave Rights. The Dutch constitution guarantees the right to freedom of association and assembly. When the employees of such a company have not established either, the employer is obligated to initiate staff meetings. Are the employees’ rights protected (dismissal, severance payments, unemployment benefits etc.)? The Dutch Child Labor Due Diligence Act is a first-of-its-kind legislation that has incredible potential to be an effective means of combating child labor in the supply chains of global organizations. Thus, the right to paid maternity leave makes up for a total of 16 weeks. Case law has shown that this article includes protection against employers. Employers are required to provide their employees with information about their personal data processing in a transparent, concise and comprehensible manner that is easily accessed using clear language. 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