Dutch Labour & Employment Law

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Dutch Labour Law Amsterdam / Employment Law in The Netherlands

Dutch labour law employment law attorney lawyer amsterdam labor law netherlandsDutch Labour & Employment Law

Our Dutch Labour Law and Employment Law attorneys (lawyer) in Amsterdam, have experience with the complexities of Labour Law and Employment Law in The Netherlands. The law firm WS in Amsterdam is specializing in advice on Dutch labour law and work related problems. Labour & Employment laws in The Netherlands are constantly changing and are crucial to both employees, Managing Directors and employers. Our Amsterdam based labor law attorneys have a broad experience in advising and litigating for companies and individuals on employment matters, which means we bring multiple perspectives and a wealth of experience to every case. Our goal is to resolve work related problems 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, a.o. dismissal laws.

Legal assistance Dutch Labour & Employment Law in Amsterdam, The Netherlands

Our Employment attorneys can help you with all your employment issues. Our Amsterdam attorneys represent and advise on a wide variety of employment law issues and work related issues on Dutch Labour Law, such as:

Employment / Labour Laws of the Netherlands: employee rights

Dutch employment law is a complex area and ever changing, due to frequent legislative changes and continually developing case law. We are always aware of the latest developments. Our specialist employment solicitors provide advice and assistance in all aspects of employment law, like employee rights. 

Do you have a question about your rights as an employee in The Netherlands? Employees have rights under Dutch Labour Law. 

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
  • restrictions on working hours. 

30% tax ruling for employees from abroad to work in the Netherlands

The 30% ruling is a Dutch tax exemption for employees who are hired abroad to work in the Netherlands. 30% of the salary (‘regular employment income’) may be paid as a tax-free allowance, a compensation for the expenses as result of working outside the home country. Certain conditions must bemet, like: the employee works for a Dutch company that is registered with the Dutch tax office and pays payroll tax; The employee needs to have expertise that is scarcely available in the Netherlands; and employer and employee have agreed in writing (employment contract) that the 30% ruling is applicable. The maximum duration of the 30% tax ruling is 5 years.
This means that the salary will be reduced by a maximum of 30%. In return the employee will receive this percentage as a reimbursement for expenses. The salary must be at least €37,000.
This taxable income has implications for potential unemployment or disability benefits form the UWV, since benefits are based on the taxable salary.
This ruling will end if the employment contract is terminated, but also if the employee is exempted from work, like garden leave.

Termination according to Dutch Labour & Employment Law

A temporary contract ends on an agreed date or during a trial period.

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.

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); we can support your cause throughout the redundancy procedure and ensure that your redundancy rights are duly represented.
  • dismissal on personal or behavioural grounds (District Court).

Labor Law in the Netherlands: 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. We have been settlement agreement solicitors in Amsterdam for many years, advising both employers and employees.

Exit Agreements

A termination agreement means that employer and employee have reached an amicable end to the working relationship. Our solicitors are specialists in advising on and negotiating settlement agreements in employment law. 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 Agreement, Settlement Agreement, Employment Exit Agreement, Compromise Agreement, Redundancy Agreement, Employment Separation Agreement).

Examples of common clauses include:

  • Compensation for loss of employment
  • Contribution to legal fees
  • Waiver of claims by the employee
  • Termination date and exemption from work
  • Final settlement.

When we negotiate settlements leading to settlement agreements, the employer will always contribute to the legal costs. Our costs will not exceed the employers contribution.

Dutch Labour & Employment Law: redundancy pay and transition compensation

If an employee is being made redundant, he or she might be entitled to redundancy pay. The amount of redundancy pay will be calculated based on age, salary and how many years the employee worked for an employer. The transitional severance pay (“transitievergoeding”) was introduced in 2015 in Dutch Labour Law. The “judge’s formula” (“kantonrechtersformule”) does not apply anymore in court 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:

  • age;
  • how long the employee has worked for the employer;
  • monthly (gross) pay.

Proceedings in Dutch Labour & Employment Law

Our Amsterdam law firm has broad experience representing both employees and employers in all types of cases. If a trial is necessary, we work to present your case in a way that maximizes your chance to win. 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],
  • workplace conflict
  • performance issues
  • salary problems
  • wrongful termination, unlawful termination
  • the Permanent Invalidity Benefit Act.

We have a dedicated team of Employment Lawyers in Amsterdam who offer specialist employment law advice for employers and employees. We’ll be delighted to consider your case regardless of the stage it has reached.

Dutch labour law employment law attorney lawyer amsterdam labor law netherlandsContact our Dutch Labour & Employment Law Attorney in Amsterdam for fast, experienced advice.

If you are facing an employment legal matter in Amsterdam, The Netherlands, we are ready to help. Please contact our employment lawyer 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 5221999Our fees are competitive.

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