Labour & Employment laws are crucial to both employees, Managing Directors and employers. Our Dutch Labour Law and Employment Law attorneys in Amsterdam, The Netherlands have experience with the complexities of Dutch Law.
Advising and litigating in Amsterdam
The Dutch law firm WS in Amsterdam is specializing in advice on Dutch Employment & Labour Law, which differs from other legal systems. Our Amsterdam firm focuses 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 Law and Labour Law of the Netherlands
Dutch Employment Law offers protection for employees in The Netherlands. The employer should, in most cases, respect Dutch and international labour law: the employment/labour laws of the Netherlands apply even if the expatriate labor agreement has a choice-of-law clause – if the employee works in The Netherlands.
The expatriate almost always enjoys a right at least to the minimum of local protections/benefits of the Netherlands.
Termination employment contract (dismissal)
According to Dutch Employment Law, a temporary contract ends on an agreed date, or during a trial period (not allowed for contracts of less than six months). The contract ends by operation of law or at the given date.
An employer may dismiss an employee for a range of reasons, but an impartial body (UWV due to business economic reasons and District Court, Cantonal Court for personal grounds) must first decide if dismissal is allowed. These bodies protect against dismissal.
Grounds for dismissal in The Netherlands
Reasonable 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), if redeployment within a reasonable period of time is not possible.
Employment contracts may also be terminated
- by mutual consent (settlement agreement or termination agreement)
- or by instant dismissal for ‘urgent reasons’ / urgent cause in case of gross misconduct,
such as fraud, for which termination can take place immediately without compensation.
Redundancy pay, transition fee
The transitional severance pay (“transitievergoeding”) was introduced in 2015 in Dutch Employment Law. The “judge’s formula” (“kantonrechtersformule”) does not apply anymore in proceedings. Instead we have the transitio fee.
Proceedings in Dutch Employment Law and 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)
Dutch Employment Law and Labour Law: contact a Dutch qualified attorney in Amsterdam
Please contact us if we can assist you with any Dutch labour relations matters. Our lawyer in Amsterdam will advocate on your behalf with strong and knowledgeable legal counsel. Please contact our Employment Contract lawyers in Amsterdam: 0031 20 5221999 for further information about Dutch Employment and Labor Law.