Dutch Employment Law
Dutch Labour law is a complicated area of law with lots of traps and pitfalls. A big part of the Dutch labour law is of compulsory nature, which means the employer is not free to deviate from it. For example, by agreeing on a longer probationary period than provided by law there will be no probation period at all. If an employer stipulates a less favorable notice term for the employee, it may be invalid and the employee can fall back on the statutory one month notice period.
Dismissal is highly regulated in the Netherlands. There are nine dismissal grounds. The employer is supposed to pick the right one:
b. Long-term disability or illness
c. Frequent absence with unacceptable consequences
e. Culpable act or omission
f. Refusal to work due to serious conscientious objection and modification not possible
g. Disrupted employment relationship
h. Other circumstances that are such that continuation cannot be required
i. Cumulation ground (several incomplete dismissal grounds are combined)
Companies must make a well-considered decision how they want to dismiss an employee. A dismissal for grounds a and b shall be brought before the Labor Office. Dismissal for other grounds shall be brought to the Cantonal court. Usuall the employer needs to make a severance payment.
Most of the problems on the work floor can be prevented or defused by carefully drafted labor contract and staff regulations. Minerva Advocaten assists companies and individuals in all kind of Labor Law matters, such as:
- Drafting Labor contract
- Dissolution of an labor agreement
- Dismissal or threat of dismissal
- Unpaid or overtime paid wages
- Non-competition clauses
Do you have a specific need that’s not mentioned on our website? Contact us today with your details and we’ll match you up with one of our attorneys. We’ve handled many different labour cases over the years and are happy to help with yours.