Dutch Employment and Labour Law
Our Labour Law and Employment Law attorneys in Amsterdam, The Netherlands have experience with the complexities of Dutch Labour Law and Employment Law. Labour & Employment laws are crucial to both employees, Managing Directors and employers. The law firm WS Advocaten in Amsterdam is specializing in advice on Dutch labour law. We focus on all aspects of international and Dutch employment law. Our Amsterdam based lawyers have a broad experience in advising and litigating for companies and individuals. Our goal is to resolve legal matters through a tactful negotiation, if possible, and by decisive litigation when it is not.
Employment/Labour Laws of the Netherlands
Dutch employment law offers a high degree of protection for employees in The Netherlands. The employment/labour laws of the Netherlands apply even if the expatriate labor agreement has a choice-of-law clause. The expatriate almost always enjoys a right at least to the minimum of local protections/benefits of the Netherlands. The employer should, in most cases, respect Dutch and international law.
Termination employment contract
A temporary contract ends on an agreed date or during a trial period.
An impartial body (UWV or District Court) must first decide if dismissal on other grounds is allowed. The grounds for dismissal are:
- enforced redundancy
- or redundancy on grounds of long-term incapacity (UWV; Employee Insurance Agency);
- dismissal on personal or behavioural grounds (District Court).
Employment contracts may also be terminated
- by mutual consent (settlement agreement or termination agreement)
- or by instant dismissal for ‘urgent reasons’,
such as fraud, for which termination can take place immediately without compensation.
Redundancy pay and dismissal
The transitional severance pay (“transitievergoeding”) was introduced in 2015. The “judge’s formula” (“kantonrechtersformule”) does not apply anymore in proceedings.
Proceedings in Dutch Labour Law
In some cases, a court case will be required for a specific labour conflict:
- summary proceedings
- or a procedure on the merits.
This might involve
- expulsion / suspension [schorsing / op non actiefstelling],
- discharge [ontslag],
- salary problems
- or the Permanent Invalidity Benefit Act.
Legal assistance in Amsterdam, The Netherlands
Our Amsterdam attorneys represent and advise on a wide variety of employment law issues, such as:
- Preparation and assessment of labour contracts
- Preparation and assessment of settlement agreements / termination agreements
- Discharge / termination of labour agreement
- Probationary period
- Discharge with immediate effect
- Expulsion / suspension
- Dissolution / termination of labour agreement Employee Insurance Agency procedures for work operation
- Permission to terminate employment
- Restraint of trade clause / client clause
- Business transfers
- Collective discharge
- Illness, incapacity for work and reintegration
- Employer liability
- Payments / benefits
- Civil service law
- Temporary employment agreement
- On-call agreement / agreement for zero hours
- Director under the articles of association (managing director)
Unfairly laid off?
If you believe you have been unfairly laid off, you should contact WS Lawyers in Amsterdam.
Contact a Dutch qualified Employment Law attorney in Amsterdam
Please contact us if we can assist you with any labour relations matters. Our lawyer in Amsterdam will advocate on your behalf with strong and knowledgeable legal counsel. For further information about Dutch Employment and Labor Law, please contact our Employment Contract lawyer in Amsterdam: 0031 20 5221999