The transfer brings the employees to the service of the buyer by operation of law. The complaint must be filed in writing. Finally, by means of a collective labour agreement (CLA) or a regulation by or on behalf of a competent administrative body, it may be determined that the aforementioned measures do not apply to positions designated by that collective labour agreement (CLA) or regulation, which, as a result of climatic or natural circumstances, can only be performed for a maximum period of nine months per year and cannot be performed by the same employee consecutively for a period of more than nine months per year.

In our daily practice we are frequently confronted with companies using the same contract model in various countries.

You can of course change your mind and withdraw your consent at any time, by returning to this site after clearing the cookies on your computer or device. The amount of compensation is based on the monthly salary and the amount of working years. 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. /Annots [ 153 0 R ] In all cases it is likely that a redundancy payment forms part of the deal. Furthermore, Dutch law provides a general prohibition on termination of the employment contract. After the cantonal judge has informed the employee of the application, he/she can file a statement of opposition. This is not expensive or difficult and may help a lot. First and foremost, trade unions in the Netherlands are expected to protect and safeguard the interest of their members with regards to wage development, social security, employment protection, safe working conditions, etc. �|t�`q�`c��4�cP�uB�T�f��#3�?h�X��G��A�,Tv�����0A�T%V3���4�)>!�*Z(�m�(��j)P�Z��E�&���e�Sx�� eM���A�z�����Nڭ���4õ7�^��aa;.�#A`"���(W|P ,*���F��T)t��$2�� iy 6�,� �P��v�qu3Òl �̼���2�ٳ�7�o`���t����,1�0�Xh=f�f�f`-�df�g ���@�,�pDy3�p�``�`����4��CC�����o�$_�1�~_ ��� K�O� A reasonable ground could be constituted by prudential reasons (loss of jobs), long-term incapability, frequent absence with unacceptable consequences, malfunctioning, conscientious objections, disrupted employment relationship or other grounds. Although all employees are entitled to the transition allowance from the first day of employment, the overall statutory severance entitlement is retrenched. Hein Kernkamp If you change jobs, you don’t necessarily need a new Dutch residence permit, but the same rules will apply as for the first permit you were granted.

If he does not do this, you can file a wage claim . Business sales do not form a ground for the transferor or the buyer to dismiss employees. These employees receive a transition fee of 1/2 month’s salary for every period of six months that they have been employed by the employer from the age of 50. It is good to realise that Dutch Employment Law has many particularities. /CropBox [ 0 0 595.276 841.89 ]

>> The action plan, which is based on the RI&E, must include what the company is going to do to prevent the identified risks. The defence of an employee needs to be known in writing within 14 days. Dependent on whether the case is brought before the court of first instance or the Employee Insurance Agency (UWV), 95% of the cases are decided within three months – in the first instance. Have a cookie

Therefore, the employees are guaranteed to at least have their current wage, bonuses, leave entitlements, labour years, etc.

Instead of voiding, the employer has the right to request an equitable remuneration. /Resources << /ExtGState << /GS0 125 0 R /GS1 126 0 R >> /XObject << /X0 Trade unions in the Netherlands enjoy these rights and have the competence to initiate and organise a strike on behalf of the employees. On the other hand, you would like the conflict to be resolved. The Dutch employment law changes discussed above are effective 1 January 2020. 0000264085 00000 n A permanent contract with an unlimited term can only be terminated by the employer with the consent of the employee, UWV WERKbedrijf or the court. The UWV and the trade unions with members working under the employer must be notified on the intention of dismissing the employees.

/Outlines 118 0 R If an employer gives notice of termination without obtaining prior approval, the employee could nullify the termination. secured. Courts are, however, very reluctant about accepting summary dismissals under Dutch labor law. 1.1        What are the main sources of employment law? From 1 January 2020 this will be: ‘no work, still wage, unless’.

3.2        What types of discrimination are unlawful and in what circumstances? 9.2        What procedure applies to employment-related complaints? Individual dismissals in the Netherlands require a procedure either at the cantonal court or the Employee Insurance Agency (UWV), an autonomous administrative authority that is commissioned by the Ministry of Social Affairs and Employment. Are you looking for a Dutch employment lawyer? Who hires persons to work in The Netherlands will sooner or later get to know the relatively complex system of Dutch Labour Law.

To exert involvement in the course of companies, works councils have been given several rights that include the right of consultation on relevant decisions, the right of assent on human resources, the right to initiative on internal matters and the right to speak at the shareholders’ meetings. << Employers are required to provide their employees with information about their personal data processing in a transparent, concise and comprehensible manner that is easily accessed using clear language. 4.2        What rights, including rights to pay and benefits, does a woman have during maternity leave? If no CAO applies – all must be registered – you will need to negotiate your own terms and conditions.

In first instances, cases concerning employment will be handled by a single, cantonal judge (kantonrechter). The rules are laid down in statutory regulations, like in the Dutch Civil Code, and in extensive case law. Employment & Labour Law > Firing may be complex and in certain cases impossible or expensive. 127 0 obj For the calculation of the 12-month period, employment contracts that have succeeded each other at intervals of no more than six months are added together.  The earlier offer that the employer made or should have made to the employee after 12 months shall also apply to employment contracts that succeed each other at intervals of not more than six months. Ultimately, an employer is entitled to dismiss employees for one ground or an accumulation of grounds both on individual and business-related reasons. The Act requires employers with 50 employees or more to draw up a procedure for reporting (a suspicion of) an abuse to the employer.

0000222040 00000 n 0000249032 00000 n The employer does not have to provide the employee with financial compensation in return for covenants. Furthermore, the European Union has had a significant supplementing role due to binding legislation, complemented by the jurisdiction of the European Court of Justice. This concerns a standing charge that the Registrar (Clerk of the Court) charges for the procedure. If not, do employees have to be provided with specific information in writing? Up until six months after childbirth, a woman has the right to extended breaks, appropriate resting areas and no obligation for overwork or nightshifts. The Netherlands, Termination of employement under Dutch law, Cross-border employment and the competent court, Drafting employment contracts in The Netherlands, Dutch Rules on Law Applicable to Employment Contracts, Employment aspects of company liquidation in the Netherlands, FAQ’s about termination agreements in The Netherlands, Five key steps in dismissing a statutory director, fixed fee for quickscan of your non-competition clause, Dutch State to reduce Dutch greenhouse gas emissions by 25% by the end of 2020, Arrest of a sister ship for maritime claims, Agio, British American Tobacco et alia v. The State of The Netherlands. While conciliation and mediation are widely used remedies, they are not a formal requirement before a complaint can proceed at a legal institution. Does an employer have to follow a prescribed procedure to achieve an effective termination of the employment Companies could consider the new termination ground in the event of a convergence of dismissal circumstances. It does this by stipulating that an indefinite contract exists by operation of law after three contracts have been issued with interruption periods between contracts of no longer than six months - a fourth contract then automatically becomes indefinite.

for the first time in the 13th month) for a fixed volume of work. /BitsPerComponent 8 The Work and Care Act allows employees to request their employer for a temporary adjustment of the working hours. 4.5        Are there any other parental leave rights that employers have to observe? The right to parental leave in the Netherlands consists of 26 times the number of hours the parent works a week, comprising 1,040 hours within a working week of 40 hours. Furthermore, from 1 January 2020, the small employer will be compensated for the transition fee that must be paid in the event of dismissal as a result of termination of the company due to reaching the state pension age, illness or death.

Since 2007, Ilma has been a member of the Dutch Employment Attorneys Association (Vereniging Arbeidsrecht Advocaten Nederland, VAAN), the association that received the quality mark logo for employment law specialists from the Dutch Bar Association. By law, there are a number of different forms of termination. Terms and conditions of employment agreed through collective bargaining are prohibited to deviate from coercive law, e.g. Those with more than 10 but less than 50 employees are obligated to have staff representatives when a majority of the employees wish so. The chain scheme regulates when a series of fixed-term employment contracts is converted into an employment contract of indefinite duration.


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