Employment Lawyer | Law Firm Amsterdam

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door Paul Snijders

Dutch Labour Law / Employment Law in The Netherlands

Employment Lawyer Amsterdam lawEmployment Lawyer Amsterdam: Dutch Labour & Employment Law

Our Employment Law attorneys (lawyer) in Amsterdam, have experience with the complexities of Dutch Labour Law and Employment Law in The Netherlands. Our Amsterdam attorneys represent and advise companies and expats on a wide variety of employment law issues. The law firm WS in Amsterdam is specializing in advice on Dutch labour law and work related problems.

Call our employment lawyers: 0031 20 – 522 1999 

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.

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

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

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. 

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. According to Dutch Law, an employer needs to follow a legal dismissal procedure if he or she wants to end an employment contract.

An impartial body (UWV or District Court) must first decide if dismissal on other grounds is allowed. The grounds for dismissal are:

  • dismissal on personal or behavioural grounds (District Court / Cantonal Court).
  • enforced redundancy
  • or redundancy on grounds of long-term incapacity (UWV; Employee Insurance Agency).

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 outlines the terms of this deal. 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. 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 & Employment 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:

  • monthly pay
  • age
  • how long the employee has worked for the employer.

Proceedings in Dutch Labour & Employment LawI

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.

Employment Lawyer Amsterdam law dutch netherlandsContact our Employment Lawyer in Amsterdam

If you are facing an employment legal matter in Amsterdam, we are ready to help. Please contact our employment lawyer in Amsterdam if we can assist you with any labour relations matters. Our lawyer 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

 

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