Trial period (if any). A permanent contract is for an indeterminate period of time with no end date.

Your employer must specify the amount of your leave allowance on your salary slip. Emergency leave is leave you can take when you suddenly and unexpectedly need to take time off, for example when the water mains in your house burst or your child becomes ill. You will then have five weeks of pregnancy leave and eleven weeks of maternity leave, totaling sixteen weeks of leave.

Many companies have financial difficulties because they can’t produce their products or offer their services as they are used to. You cannot be dismissed on the grounds of your gender or when you are pregnant. Stadskantoor Leiden, Bargelaan 190, Leiden, Utrecht However, the employee must be notified forthwith about the dismissal and can dispute the urgent cause. helpdesk@access-nl.org, ACCESS NL > Dual careers in the Netherlands > Working in the Netherlands > Dutch employment law. More detailed information about holidays and special leave is available on the website of the Dutch government. The pregnancy leave should start no later than four weeks before the baby is due. The Foreign Nationals Employment Act (Wet Arbeid Vreemdelingen or WAV) requires employers to first recruit in the Netherlands and other Western European countries. A new act called the Balanced Labour Market Act (Wet Arbeidsmarkt in Balans, hereafter... Covid-19 has changed our personal and work lives considerably. During any short-term compassionate leave that you take you will continue to receive at least seventy per cent of your salary from your employer. The work permit application procedure requires the employer in most cases to show that no qualified Dutch or EU nationals are available to fill the vacancy. Employees in the Netherlands are not only entitled to fully paid leave days, but also to several kinds of special leaves such as: The sections below describe the legal regulations. However, you cannot be dismissed if this is the result of illness. They will pay the fees for the evaluation. Employer and employee must agree a written settlement agreement regarding termination and severance pay to satisfy the employment authorities that dismissal is not due to the fault of the employee, thus curtailing his or her right to unemployment benefit. This could include part of the company’s activities being closed down, If you do not perform well or are no longer suitable for the job. Dutch Divorce Lawyer, Termination of employment in The Netherlands, Dismissal of directors in the Netherlands. The contract ends on a fixed date. You stopped work six weeks before the baby was due. This requires the consultation with the other contracting party and potentially also some financial compensation as a result of the early termination; a second option can be to rely upon force majeure or changed circumstances (e.g. If you resign, you must observe a notice period of one month. Unlike your partner and child, it is not necessary for your parent or parents to be registered at your address. You are then entitled to six weeks of leave before giving birth and twelve weeks thereafter, totaling eighteen weeks of leave. The contract with an employment agency (uitzendbureau) differs fundamentally from a contract with an employer described above.

Dordrecht: All rights reserved. In particular, your protection against dismissal during a certain temporary period is not regulated. 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. After your partner has given birth you are entitled to up to two days of paternity leave. This causes problems for recent graduates from non-EU countries who would like to find a job in the Netherlands after graduation. He must immediately tell you why you have been dismissed.

City Hall, Atrium, Leiden There are also some special rules for small employers and companies in serious financial difficulty, but in most cases the above will be applicable. The leave allowance amounts to 8% of your income in money (basic wage, bonuses and allowances).

The minimum number of leave days to which you are entitled after one year is four times the agreed number of days you work each week (usually 4 x 5 = 20 days). The minimum number of leave days to which you are entitled after one year is four times the agreed number of days you work each week (usually 4 x 5 = 20 days). Find out what consecutive contracts are (in Dutch) and what conditions apply.

©2018 ACCESS NL. The court and labor offices assess whether there are grounds for a valid termination. The rules are different for employers and employees. A trial period is a common part of a (temporary) contract with the employer. Highly skilled migrants may also be exempted. In addition, you are entitled to a minimum leave allowance. Also the ‘term of notice’ will be different for a permanent contract, since your legal position is different. While headlines have been dominated by the Coronavirus outbreak, you may have missed a key change in Dutch employment law that has consequences for your rights when it comes to dismissal. Exceptions can only be made when a Collective Labour Agreement (CAO) applies. E: helpdesk@access-nl.org. Complaints procedure The right to leave days is built up during the course of a year. You should, however, inform your employee if you do not want to renew the contract. One such reason for dismissal is redundancy for business economic reasons, for example during a company reorganisation. In cases of unfair dismissal or gross misconduct by the employer, the courts may award an equitable amount of extra severance pay to compensate the employee. As stated above, a temporary contract ends on an agreed date or during a trial period. Employees in the Netherlands enjoy strong legal rights. Employment agencies must inform temporary workers in writing about the working conditions at the place of work in advance. Parental leave is an unpaid leave. Your employer can only dismiss you with immediate effect if he has a very good reason, for example if you steal, commit fraud, refuse work without good reason or come to work drunk.

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