Dutch employment law
The Dutch employment law will be significant to you if you did not move to the Netherlands with an expatriate employment contract regulated by the laws of your home country. The most significant regulations—work permits, contracts, terminations, (special) leaves, and diploma evaluation—are summarized in this chapter.
Work permit
The majority of persons starting new jobs in the Netherlands must first get a work permit. There are a few exceptions, such as individuals who work for international organizations like the International Court and the European Space Agency, where the organization will handle all necessary documentation, and those who are residents of European Union member states (except Bulgaria and Romania). Additionally, highly skilled immigrants may be exempt. The UWV Werkbedrijf (Uitvoeringsinstituut Werknemers Verzekeringen), which is the office for reintegration, unemployment compensation, etc., can help your company acquire a work permit (formerly the Centre of Work and Income)
The age range for applicants for work permits is 18 to 45. A work permit may only be held for three years at a time. People who have had work permits for three years in a row and haven’t changed their place of residence outside the Netherlands since then are no longer required to have them. A remark declaring “Employment freely permitted” and “No work permit necessary” may be added to their residency permits. The work permit is automatically revoked when the residence permit is rejected if it is not granted (for instance, if the IND learns that the applicant has a criminal past). In the Netherlands, if you are permitted to work, your spouse or partner is typically also
Contracts
Depending on the sort of employment contract you have, you have different legal rights and obligations, therefore you must choose the best course of action. The fundamental ideas behind the various contractual choices are discussed below to assist you in making this choice.
There are three typical possibilities for labor contracts. Which are:
- Temporary employment agreement
- permanent employment agreement
- contract with a staffing firm
Any contract should include the following:
- Name, address, and location of the employer, as well as the employee.
- Job description and title.
- Start and end dates. Contracts may be indefinitely long or defined length (should specify start and end dates) (contract end with notice).
- trial phase (if any). The trial term is typically one month if the contract is for a shorter period of time than two years (unless agreed otherwise with the CAO, but the maximum is two months).
- the number of workdays.
- Payroll and other costs.
- You and your employer will both receive notice of termination.
- Temporary employment agreement
Temporary labour contract
There is a start date and an end date for a temporary contract. Without a formal termination process, the contract will expire on the specified date. Although a verbal agreement is also acceptable in the Netherlands, we strongly encourage you to ensure you acquire the contract in writing. Within one month of the start of the contract, the employer is required to provide you with written notice of the major issues covered by the agreement. Both employers and employees are allowed to choose what will be covered by the contract, within the bounds of the law.
Permanent labour contract
A permanent employment agreement may be terminated by either party. There must be observance of the legal “period of notice.”
For both employers and employees, there are distinct rules. The employee has the legal right to terminate the employment relationship at any time, but he is required to do so within the legally required notice period, which is often one month.
The employer must submit a permit for termination application. On the day the employer applies for the dismissal permit, the length of notice is based on how long the contract has been in effect. If you find yourself in this circumstance, we urge you to get in touch with the UWV Werkbedrijf for more details.
The employer and the employee have the right to approach the court to terminate the permanent employment relationship.
Contract with an employment agency
Contracts with employers and employment agencies (uitzendbureau) are essentially different from one another. As long as you work for a business that hired you through the employment agency, the employment agency is your official employer. In particular, there are no regulations governing your protection against termination during a specific temporary time. On the other hand, during the predetermined employment period, either you or the organization you work for may end your employment. There is a specific Collective Labor Agreement for employment agencies. Wet Arbeidsbemiddeling en Allocatie door Intermediairs, a “Allocation of Workers by Intermediaries Act,” governs matters pertaining to employment agencies, such as:
Employers who use employment agencies are not allowed to demand payment (or any other type of consideration) in exchange for temporary employment.
Temporary workers must be informed in writing in advance by employment agencies about the working circumstances at their location of employment.
Collective labour agreements (CAO)
The majority of businesses and organizations are party to collective labour agreement (CAO). This is a written agreement defining the working conditions for all employees, including compensation, payment for overtime, working hours, a probationary period, a pension, education, and childcare. It was made between one or more employers and one or more trade unions.
Although the arrangements in a CAO are frequently superior to those required by law, they may never go against the law.
If there is no CAO, you must have a specific, preferably written agreement about the working conditions with your employer. The foundation of this agreement is the law.
Leave
In the Netherlands, every employee has a right to paid time off.
Over the course of a year, the employee’s right to leave days are accrued. After one year, you are entitled to a minimum of four times the agreed-upon number of working days per week (typically, 4 x 5 = 20 days). Your vacation will be calculated proportionately if you haven’t worked for your employer for a full year.
Throughout your absence, you’ll be paid in full. You also have the right to a set amount of leave time. Your company must pay the leave allowance, which is paid at least once each year (usually in May).
The amount of your leave allowance must be noted by your employer on your pay stub. The leave allowance is 8% of your gross monthly pay (basic wage, bonuses, and allowances).
Other agreements on the number of leave days, payment, and amount of the leave allowance may be included in the CAO.
In addition to fully paid vacation days, Dutch workers additionally have access to a number of exceptional leave options, including:
- Adoption leave (adoptieverlof)
- Emergency leave (calamiteitenverlof)
- Short-term compassionate leave (kortdurend zorgverlof)
- Long-term compassionate leave (langdurig zorgverlof)
- Parental leave (ouderschapsverlof)
- Paternity leave (vaderschapsverlof)
- Pregnancy and maternity leave (zwangerschapsverlof)
On the Dutch government’s website, you may get more specific information regarding holidays and special leave.
You have a foreign diploma and you want to work in the Netherlands
Visit the UWV Werkbedrijf (formerly known as the Centre for Work and Income), located at www.werk.nl, if you are seeking work in the Netherlands and are unemployed. The UWV Werkbedrijf will submit a request for a diploma evaluation on your behalf and advise you of the necessary paperwork. They’ll cover the cost of the assessment.
You can apply to the IcDW for a diploma evaluation if you already work in an unregulated profession and are looking for another one (www.idw.nl). You will be responsible for covering the evaluation charge in this scenario.
having a license to practice a profession in the Netherlands. Any fees connected with the evaluation must be paid by you.