Under Dutch employment law, blue-collar and white-collar employees enjoy equal protection. Additionally, the strike requires a timely notice. Under Dutch dismissal law, the parties can mutually conclude a termination agreement. The employee needs to explicitly agree upon the leave, including additional arrangements concerning costs and compensations. The employer is also obliged to inform all employees in writing or digitally about the points mentioned above, about the circumstances under which they can make a report externally, and about the legal protection in the event of a report. Companies and organisations with 50 employees or more are required to have works councils. 5.4        Can employees be dismissed in connection with a business sale? To be able to do this properly, organisations are required to map all occupational health risks, including sexual harassment, in the risk inventory and evaluation (RI&E). When the employer does not act in accordance with the rules prescribed for mass redundancy, the termination agreement will be void. How are different types of worker distinguished? The staff meeting has the right to advice on several matters. As the days progress, new ones arise. The Act requires employers with 50 employees or more to draw up a procedure for reporting (a suspicion of) an abuse to the employer. In the event of dismissal due to reasons relating to the individual employee, the application for a dismissal permit can be submitted at a cantonal court. The party refrains from requesting employees or clients from another. Please stay tuned for more information as the complete scheme becomes available. 9.3        How long do employment-related complaints typically take to be decided? 1.3        Do contracts of employment have to be in writing? The government can make an exception for certain categories of companies from this law, where the risk of child labour is very low. Companies with 10 to 50 employees are required to establish a works council or staff representation when the majority of employees would demand so. Employees can expect a “reasonable level” of privacy for the maintenance of personal affairs and networks at their worksite, as long as this does not interfere with or disproportionally harms business interests such as costs, security risks, public relations and labour disputes. How long does the process typically take and what are the sanctions for failing to inform and consult? In principle, the employee can fill in himself how he takes the additional birth leave. France: COVID-19 Biological Risks – What do the Decisions of the Lille Court of Justice Imply? This is permitted, as long as the transferred employees do not regress in terms of employment conditions. In accordance with the European Convention on Human Rights, everyone has the right to respect private and family life, home and correspondence. The Dutch Child Labour Due Diligence bill (the “Law“) was passed in both houses of parliament and is due to be implemented by royal ratification after 1 January 2020. Netherlands The GDPR further requires employers to have their employee’s consent for processing data. UK: COVID-19 – How can Employers Reduce Litigation Risks when Bringing Back Staff to the Workplace? In the Netherlands, sources of employment law primarily include the Dutch Constitution, civil law, numerous acts, jurisprudence, labour regulations, collective labour law and collective labour agreements. 1.5        Are any minimum employment terms and conditions set down by law that employers have to observe? 8.5        Can an employer control an employee’s use of social media in or outside the workplace? This is part of the WIEG Act that had already entered into force on 1 January 2019. The application must be in writing and supported by a reasoned opinion. Mexico: Labor Reform, at risk due to pandemic? LABLAW Handbook – Coronavirus: What Employers in Italy Need to Know! Appeals must be filed within three months. Dutch employment law regulates the legal relationship between employees and employers. The party was founded in 1946 as a merger of the Social Democratic Workers' Party, the Free-thinking Democratic League, and the Christian Democratic Union. Labour law is a field of law that is constantly evolving, with the result that in your capacity as a business owner you are ever more frequently having to contend with amended regulations governing dismissals, representation, occupational incapacity and the potential for or impossibility of entering into flexible labour … Terms and conditions of employment agreed through collective bargaining are prohibited to deviate from coercive law, e.g. The defendant will commonly submit a statement of defence, after which the verbal hearing will follow. Are employees entitled to compensation on dismissal and if so, how is compensation calculated? 2.2        What rights do trade unions have? Also note that the works council has the right of consent to the internal reporting scheme. By legislating minimum requirements for responsible business conduct, the Netherlands stands out as a frontrunner in the international trend towards mandatory human rights legislation. Works councils have co-determination rights with regards to determining, amending or withdrawing staff regulation. While conciliation and mediation are widely used remedies, they are not a formal requirement before a complaint can proceed at a legal institution. Palthe Oberman Memo: Less work due to the coronavirus? The aim of the Law is to put more responsibility on companies to prevent goods and services which have come into existence through child labour to hit the Dutch market. Depending on the collective agreement that was applicable at the business of a buyer, this could result in different collective agreements that are applied within a business. Our employment and labour law specialists can help you draft new employment contracts and review whether current agreements are relevant to the employment situation in the Netherlands. An employer who wants to terminate his employees’ contracts must take notice of termination into account. The Balanced labour market Act that entered into force on January 1, 2020 was designed to encourage employers to hire employees on a permanent contract basis. Netherlands: No Work, No Pay – Down To The Last Cent ... Law Corporate and Company Law Employment and HR Contract of Employment Employee Benefits & Compensation Employee Rights/ Labour Relations. This Convention is also applicable to international labour law. Turkey: What does labour law say about COVID-19? COVID-19: Employees Returning To Work As The Lockdown Eases – Where Are We Now? When the distinction is objectively justified, a Dutch court or the Netherlands Institute for Human Rights will rule that a prohibited distinction is not in question. Moreover, there has to be an economical entity that has its “identity” maintained. A partner with a workload of 40 hours per week is assumed. Mexico: Legal and Administrative Regulation to Facilitate the Payment of Social Security Obligations, Mexico: Extraordinary Inspections Regarding Salary Payment, Mexico: Executive Order to Suspend Due Dates, Times and Activities of the Interior Ministry, Newsletter Regarding the Essential Activities that will Continue during the Health Emergency Caused By (Covid-19), COVID-19 Epidemic Causes Collective Work Suspension Due to Sanitary Contingency. POPULAR ARTICLES ON: Employment and HR from Netherlands ... but employers may wish to add a third – changes to employment law. For example, by agreeing on a longer probationary period than provided by law there will be no probation period at all. In fact, in many cases employers prefer to settle because of the limited amount of reasonable dismissal grounds. However, employees, such as those who are pregnant, a member of a works council or sick, enjoy additional protection with regards to termination of contracts. Does an employee have to pay a fee to submit a claim? During these five weeks, partners have the right to a benefit amounting to 70% of the wage. 7.2        When are restrictive covenants enforceable and for what period? Mexico: Can you be fired because of the Coronavirus pandemic? Employees shall have the right to obtain confirmation from the employer as to whether or not personal data concerning him are being processed, and, where that is the case, access to the personal data, which includes the following information: a)         the purposes of the processing; b)         the categories of personal data concerned; and. When hiring people in the Netherlands it is useful to make yourself familiar with this law to prevent disappointments or having unexpected costs on your labour force. The Act defines consumers as the natural person or legal entity using, consuming, or purchasing goods or services. Furthermore, the trade union must be provided the opportunity to nominate candidates at works council elections. With the European Union’s General Data Protection Regulation (GDPR), implemented in May 2018, employees’ rights and protections regarding personally identifiable information (PII) is considerably expanded. The Labour Party (Dutch: Partij van de Arbeid, [pɑrˈtɛi vɑn də ˈʔɑrbɛit], abbreviated as PvdA, [ˌpeːveːdeːˈjaː, -deːˈʔaː] or P van de A, [ˌpeː vɑn də ˈʔaː]) is a social-democratic political party in the Netherlands.. When the work has an unacceptably high safety risk for the pregnant woman, the employer is obligated to offer different temporary work. Applicable law First of all, it is important to know that Dutch labour law is mandatory with regard to employees performing their duties in The Netherlands. Companies could consider the new termination ground in the … c)         the recipients or categories of recipient to whom the personal data have been or will be disclosed. The works council can also go to court if facts or circumstances, had they been known to the works council at the time of issuing the advice, would have caused the council not to issue that advice as it was issued. 2.6        How do the rights of trade unions and works councils interact? Lastly, members of Dutch trade unions have a seat on the Economic and Social Council. The Court of Appeal consists of a panel with three counsellors while the High Council has her cases handled and judged on by five members of the civil law division. For HR Managers and directors of companies that are considering to establish a branch office in The Netherlands we offer a training on Dutch employment law. Dutch Labour law is a complicated area of law with lots of traps and pitfalls. Any employer who meets the conditions (including a loss of turnover of at least 20%) can apply for a contribution towards wages, regardless of whether the employer participated in NOW 1.0. Both permanent and temporary employees can be entitled to be compensated in the event of a dismissal, also known as the “transition compensation”. As an employee, one has the right to maternity benefits while on leave. This leave can be taken from 4 weeks before the actual admission into the family or up to 22 weeks afterwards. Individual labour law concerns employees' rights at work also through the contract for work. Czech Republic: Liberation Tax Package 2 and Lex Covid Draft Bill, France: Long-Term Remote Work (TeleWork/WFH), France Health Protocol: Masks in the Workplace and Vulnerable Employees, The French Brief – France in the Era of Unemployment, France: Masks Made Mandatory in the Workplace, France: Changes in the Partial Activity Assignments, France: Creation of the “Reduced Activity for Job Preservation” System, France: Employers granted option to pay exceptional Purchasing Power Bonus to those who worked during COVID-19 epidemic, France: Appellate Court restricts Amazon’s Operations pending Implementation of COVID-19 Protection Measures. This remains the same. Employers and employees are free to choose whether payment is involved in the termination agreement. How does a business sale affect collective agreements? UK: Mental Health and Home Workers– out of sight out of mind? ACG International, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, This is a very useful reference work, and in particular the format is clear and helpful.Richard Senior, Director - ROBIN HOOD FINANCE, UK, © 2002-2021 Copyright: ICLG.com | Our Privacy, Unlock 3 FREE PDF chapters by registering with us FREE After the cantonal judge has informed the employee of the application, he/she can file a statement of opposition. Written statement of employment details Equal treatment and pay An employment contract (arbeidscontract) is an agreement between an employee and an employer, containing working arrangements. Updates, Special Reports And Advice For Employers. In addition, agreements have also been made between the employee and the employer. Thus, the right to paid maternity leave makes up for a total of 16 weeks. Whether the identity is maintained depends on several criteria: the nature of the concerned business; the transition of fixed assets and compliant registers; the duration of a potential disruption; and lastly, the similarities between the business activities before and after transfer. 2.7        Are employees entitled to representation at board level? The NOW will be extended for a period of 3 months, whereby an allowance for wage costs for the period June, July and August 2020 can be requested. In Short. The partners of this website advise and assists both Dutch - Netherlands employers and employees on all issues of Dutch labour - employment law in the Netherlands. Besides these five days, from 1st July 2020 onwards the Act also ensures five weeks of paternity leave to be utilised in the first six months after the childbirth. With regards to collective agreements, the existing one stays applicable. 6.9        Does an employer have any additional obligations if it is dismissing a number of employees at the same time? Employment contracts (arbeidscontract) Remember that Dutch law does not require a written employment contract. Dutch labor law sets a generous minimum of Netherlands vacation days and holiday pay. Part time work in the Netherlands. Labour law arose in parallel with the Industrial Revolution as the relationship between worker and employer changed from small-scale production studios to large-scale factories. Webinar – France: Getting back to work – How to organize the workplace safely for Covid-19, France legislates to help limit the economic fallout of COVID-19, COVID-19 and Business: French Court orders Amazon to limit activity to essential needs. 6.3        What protection do employees have against dismissal? The employment/labor laws of the host country apply even if the expatriate agreement has a clause that states the choice-of-law is abroad. In the Netherlands lunch breaks are usually 30 minutes, unpaid. Business sales do not form a ground for the transferor or the buyer to dismiss employees. Main › Dutch Legislation > Labour Law Business Legal Consultancy is a Dutch website which forms a marketing and communication extension of the partners of this website for the provision of comprehensive and professional legal and business services to both Dutch and international clients. Dutch employment law. Maternity and Family Leave Rights. 2.1        What are the rules relating to trade union recognition? This includes situations where: a statement of reasons is missing; the dismissal is based on “sham recovery” or false declarations; and the consequences of dismissal are too severe for the employee, or the employer has not sufficiently taken the disproportionality between his interests and the negative consequences for the employee into consideration. Our lawyers have a comprehensive employment law practice where employers, directors, works councils and employees are assisted in areas including employment conditions, dismissal procedures, severance and transition payments, bankruptcy and reorganisations. The submission contains the grounds on which the complaint is based, together with all the ancillary claims. The UWV also expects employers to aim towards reinstatement within the business before dismissing the employee. The employees concerned must be informed about the risks and measures taken by the company. Furthermore, the aforementioned transition compensation is a common clause in termination agreements. In cases such as incidental labour for changing principals (freelance work), one is, in principle, not covered by employee protective laws. Introduction to Dutch labour law. If you are working in the Netherlands and you fall ill on a working day then you must report it to your employer so you can claim sick leave.. Employment & Labour Law > 4.3        What rights does a woman have upon her return to work from maternity leave? By legislating minimum requirements for responsible business conduct, the Netherlands stands out as a frontrunner in the international trend towards mandatory human rights legislation. Substantive applicable norm: Nigerian Oil Pipelines Act 1956 (OPA) (Section 11(5)(b) for negligence on third parties. Furthermore, termination cases concerning more than 20 employees within the same company (collective termination) will only be approved by the court when a social plan is formulated in cooperation with a trade union. Both national and international employment law have many facets. Employees have a right to 14 days of reflection to rescind the agreement in writing. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. The employer does not have to provide the employee with financial compensation in return for covenants. Can an employer transfer employee data freely to other countries? 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