Dutch Labour Law / Employment Law
- Dutch Labour Law / Employment Law
- Dutch labour Law
- Employment / Labour Laws of the Netherlands
- Termination according to Dutch Labour Law
- Termination agreement / Settlement Agreement
- Dutch Labour Law: redundancy pay and transition compensation
- Proceedings in Dutch Labour Law
- Legal assistance Dutch Labour Law in Amsterdam, The Netherlands
- Contact our Dutch Labour Law Attorney in Amsterdam
Dutch labour Law
Our Dutch Labour Law and Employment Law attorneys (lawyer) in Amsterdam, The Netherlands have experience with the complexities of Dutch Labour Law and Employment Law. The law firm Witlox Snijders in Amsterdam is specializing in advice on Dutch labour law. Labour & Employment laws are crucial to both employees, Managing Directors and employers. 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. Our Amsterdam attorneys represent and advise companies and expats on a wide variety of employment law issues.
Employment / Labour Laws of 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. Dutch Labour Law offers a high degree of protection for employees in The Netherlands, including protection with regards to safety, minimum wage and restrictions on working hours.
Termination according to Dutch Labour Law
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.
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).
Termination agreement / Settlement Agreement
Employment contracts may also be terminated by mutual consent (settlement agreement or termination agreement) or by instant dismissal for ‘urgent reasons’ (dismissal on the spot), such as fraud, for which termination can take place immediately without compensation.
A termination agreement means that employer and employee have reached an amicable end to the working relationship. Exit agreements are offered in The Netherlands to employees when they are being made redundant or in case of involuntarily unemployment. A Termination agreement outlines the terms of this deal. Our independent Amsterdam Employment Solicitor (attorney) can assist you with termination agreements to terminate an employment agreement by mutual consent (Termination Agreements, Settlement Agreements, Employment Exit Agreement, Compromise Agreement, Employment Separation Agreement).
Dutch Labour Law: redundancy pay and transition compensation
The transitional severance pay (“transitievergoeding”) was introduced in 2015 in Dutch Labour Law. The “judge’s formula” (“kantonrechtersformule”) does not apply anymore in proceedings.
The transition compensation (redundancy compensation, statutory severance payment or dismissal compensation) should compensate employees for costs such as costs for scholing or outplacement and their loss of earnings. This is available to all employees who have an employment contract that lasted for two years ore more. The amount of a transition compensation is calculated using a formula based on:
- how long the employee has worked for the employer;
- monthly pay.
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 Dutch Labour Law in Amsterdam, The Netherlands
Our Amsterdam attorneys represent and advise on a wide variety of employment law issues on Dutch Labour Law, such as:
- Preparation and assessment of labour contracts
- Preparation and assessment of settlement agreements / termination agreements
- Discharge / termination of labour agreement
- Discharge with immediate effect
- Expulsion / suspension
- Dissolution / termination of labour agreement
- Restraint of trade clause / client clause
- Business transfers
- Illness, incapacity for work and reintegration
- Payments / benefits
- Civil service law
- Director under the articles of association (managing director)
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 Labour Law, please contact our Employment Contract lawyer in Amsterdam: 0031 20 5221999