Frequently Asked Questions

Dismissal

  • Dismissal typically requires either mutual consent, approval from the UWV (Dutch Employee Insurance Agency), or a court decision. Grounds for dismissal must be reasonable, such as redundancy or consistent underperformance. An employee is usually entitled to a transition payment in case of dismissal.

  • First, review your employment contract as it determines your options against dismissal. It's crucial to understand what type of contract you have.

    For both permanent and temporary contracts, your employer must provide a valid reason for dismissal, such as a pressing reason (like theft, endangering others, disclosing company secrets, or refusal to work), financial difficulties in the company (economic reasons), sickness lasting more than 2 years, poor performance at work, serious misconduct or negligence or a disrupted working relationship. Note: Your employer cannot dismiss you during an ongoing prohibition on termination.

    If you receive a dismissal proposal, like a settlement agreement, you don't have to agree. You can negotiate, for instance, about the transition compensation. If there's no dismissal proposal, or you disagree with it, the employer must seek approval from UWV or the subdistrict court. If your employer doesn't do this, you remain employed. If you are sent home or dismissed on the spot, react quickly. Contact us lawyer immediately.

    If your employer gets permission from UWV or the court for your dismissal, they must adhere to the notice period. You are often entitled to a transition payment and possibly an unemployment benefit.

  • If your contract includes a non-compete or non-solicitation clause, it remains valid upon dismissal. If the dismissal is mutually agreed upon, both parties consent to the termination. In such cases, you can negotiate with your employer to invalidate the non-compete or non-solicitation clause.

    Additionally, you have the option to request a court to modify the terms of the non-compete or non-solicitation clause. We can assist you with such a procedure.

  • 'Notice of termination' means that your employer must inform you whether they will renew your contract or not. This must be done in writing at least one month before the end date of your temporary contract. If not, they must pay a notice of termination fee.

    You are entitled to compensation if your employer fails to inform you about the termination of your temporary contract (you are entitled to a maximum of one month's salary) or your employer is late in giving notice (you are entitled to compensation for each day the employer is late. If your employer is 2 weeks late, you can claim compensation equivalent to 2 weeks' salary.)

    You need to request the notice of termination fee from your employer yourself. We can assist you in such matter.

  • You are entitled to a transition fee/allowance if you are employed and your employer terminates your contract. This can happen in various ways, such as (i) your employer terminates the contract, after obtaining permission from the UWV, (ii) your employer dissolves the contract through a court, or (iii) your employer chooses not to renew your temporary contract.

    In some cases, you may also be entitled to a transition payment if you terminate the contract yourself. However, this is only in very serious situations, such as sexual harassment or discrimination by your employer.

    The amount of the transition payment depends on your salary and the length of your employment.

  • If you are being dismissed, your employer usually has to officially terminate your contract, often before the end of the month. The notice period is the time between the termination notice and the end of your contract.

    Your employer's notice period is specified in your contract or collective labor agreement (CLA). If there is no notice period stated, the statutory notice period applies:

    1 month if you have been employed for less than 5 years or if you are of retirement age (AOW-age).

    2 months if you have been employed between 5 and 10 years.

    3 months if you have been employed between 10 and 15 years.

    4 months if you have been employed for 15 years or more.

    If your employer received permission from the UWV for your dismissal, the duration of the UWV procedure is deducted from the notice period. However, a minimum of 1 month's notice must always remain.

    If your employer received permission from the subdistrict court for your dismissal, the court determines the end date of your contract. The court usually considers the notice period. The duration of the court procedure is also deducted from the notice period, but a minimum of 1 month's notice must always remain.

  • The main situations where a prohibition on termination applies are:

    • You are sick.

    • You are pregnant. You cannot be dismissed during your pregnancy and maternity leave and the first 6 weeks thereafter.

    • You are a member or candidate member of the works council, staff representation, or health and safety committee.

    • You are an occupational health and safety expert.

    • You are a data protection officer.

    • You are fulfilling military service in the Netherlands or abroad, or you are performing alternative service.

    Your employer is also not allowed to dismiss you for these reasons:

    • You are a member of a trade union and participate in trade union activities.

    • You want to take parental leave or care leave.

    • The company you work for is being taken over by another company.

    There are exceptions to these prohibitions:

    If you are sick, your employer can dismiss you in the following situations:

    • You have been sick for more than 2 years, and your employer does not have a wage penalty, or it has already expired.

    • You have reached the AOW age and have been sick for more than 13 weeks.

    • You became sick after your employer applied for dismissal with the UWV.

    • You do not follow the rules during reintegration.

    All prohibitions on termination usually do not apply if:

    • The company is closing.

    • You agree with the dismissal.

    • You are dismissed during your probationary period.

    • You are dismissed on the spot.

    • You are dismissed upon reaching the AOW or retirement age.

    If your employer dismisses you while a prohibition on termination is in effect, you must go to court within 2 months after your dismissal to reverse your dismissal. Contact a us immediately, or seek advice from your legal expenses insurer or trade union.

  • When your contract ends, your employer must pay you everything you are still entitled to. For example:

    • Your last salary.

    • Unused vacation days.

    • Vacation allowance.

    • Overtime / ATV days / ADV days.

    • Year-end bonus / 13th month salary / bonus.

    • Travel expenses.

    • Transition payment.

    • Notice of termination fee.

    If your employer does not pay, or if there is an amount missing, ask for an explanation in a conversation or via email. If you cannot resolve it together, we can assist you by contacting your employer or starting a legal proceeding in court.

Settlement Agreement

  • A settlement agreement contains the terms regarding the dismissal, such as:

    • The reason for the dismissal.

    • The payment of unused vacation days and vacation pay.

    • The notice period, which is the number of weeks or months until the end of the contract.

    • The transition fee or severance pay.

    • The non-compete clause, which restricts you from working for competitors for a certain period. You can negotiate to remove the non-compete clause.

    • Exemption from work. With this, you are not required to work but will still receive your salary.

    We advise you to seek legal advice to review the settlement agreement. We can assist you with this.

  • Do not sign a settlement agreement during the first 2 years of your illness or in other situations where a prohibition on termination applies. If you do sign, you will not be eligible for unemployment benefits or sickness benefits.

    If you have been sick for more than 2 years, whether you can sign the agreement depends on your specific situation.

    Please contact one of our employment law experts to discuss your specific circumstances.

  • You have a 2-week period to reconsider and reverse your decision. This is called revocation. Your employer is required to include this reflection period in the settlement agreement. If your employer does not do so, you have a 3-week reflection period.

    If you wish to retract your decision to sign the termination agreement, inform your employer via a registered letter that you are retracting your decision. Also, state that you wish to make use of the reflection period. You do not need to explain why you are retracting your decision. We can advise you on this matter.

  • The agreements in the settlement agreement are binding. This means that both you and your employer must adhere to the agreements.

    If your employer does not follow through with the agreements, such as not paying the transition compensation or not providing proper references, send your employer a letter demanding compliance with the agreements.

    If you cannot resolve the issue together, feel free to contact one of our legal employment law specialist.

Employee rights

  • There’s no statutory right to work from home. If you want to work from home, ask your employer for permission in writing. Your employer cannot simply refuse your request. You can also negotiate 'hybrid working' arrangements, where you work part-time at home and part-time in the office. Your employer must ensure a suitable home working environment.

    Your contract or collective labor agreement (CLA) may specify the possibility of working from home. If there's nothing mentioned in your contract or CLA, you can ask your employer for permission to work from home. The following conditions apply:

    • By the desired start date, you must have been employed by your employer for at least six months.

    • Your company has at least 10 employees.

    • You must submit your request in writing.

    • You need to make your request at least 2 months in advance

  • Expats may qualify for the 30% ruling, which allows 30% of their salary to be tax-free to cover extra costs of working abroad. It's important to check if you meet the conditions and understand the implications for your contract.

  • Your employer can offer you:

    • A maximum of 3 temporary contracts.

    • Temporary contracts for a maximum period of 3 years.

    If you receive a fourth contract or have been employed for more than 3 years, you are entitled to a permanent contract. This is known as the 'ketenregeling'.

  • Your employer can change your working hours if this is stipulated in your contract, collective labor agreement (CLA), or company regulation. This agreement is called a modification clause. It means that your employer can change your working hours without your consent, but they must have a significant reason for doing so, such as a mandatory reorganization.

    If there is no modification clause agreed upon, your employer may still sometimes change your working hours. For example, if the store you work in changes its opening hours, meaning you can no longer work on Friday evenings, your employer can ask you to work at different times because you are expected to be a cooperative employee. What being a cooperative employee entails can vary depending on the situation.

  • As an on-call worker, your contract does not specify a fixed number of hours. For example, you might have a zero-hour contract or a min-max contract for 24 to 32 hours per week.

    You can ask your employer for a fixed number of hours per week, every four weeks, or per month. Whether your employer must agree to your request depends on:

    • The type of contract you have, and

    • How long you have been an on-call worker.

    If you get a fixed number of hours, then you are no longer an on-call worker. You are entitled to salary for the fixed hours, even if you are sick or if your employer does not have enough work for you.

  • Your employer can only terminate your temporary contract early:

    • If you are dismissed with immediate effect.

    • If you sign a termination agreement.

    • If your contract states that it can be terminated early, known as ‘interim termination’. Your employer must ask for your consent for this. If you do not agree, they must seek permission from UWV or the subdistrict court.

    Your employer must seek permission from UWV to end your contract early if:

    • You have been sick for more than 2 years.

    • The company is experiencing financial difficulties.

    If your employer wants to terminate your contract early for another (personal) reason, they must seek permission from the subdistrict court. If your employer is allowed to dismiss you, they must still consider your notice period.

    If you are pregnant or on maternity leave, different rules may sometimes apply.

  • Generally, employers cannot change your employment conditions without your consent, unless there's a valid 'change clause' in your contract. If changes are proposed, it's advisable to seek legal advice to understand your rights.

  • Yes, you can work for multiple employers if your residence status allows it and if there's no (valid) exclusivity clause in your contract. Ensure you comply with Dutch working hour regulations and tax obligations.

Sickness

  • If you are sick, you must report your sickness to your employer immediately. The rules for reporting sickness are in your employment contract, collective labor agreement (CLA), or company regulations.

    You do not have to tell your employer what your symptoms are. Your employer may not ask for medical information from you. However, they can ask if your sickness is due to a work-related accident.

    Your employer may ask you to visit a company doctor. The company doctor can only inform your employer about:

    • Whether you are sick or not.

    • How long your illness is likely to last.

    • What tasks you can still perform at work (degree of disability).

    • How your employer can help you to perform your tasks, such as adjusting your workplace.

    The company doctor cannot give your employer any medical information. This is due to your right to privacy. Medical information includes details about your illness and treatment.

    You must follow what the company doctor advises. If you disagree with the company doctor's opinion, you can request a second opinion. Another company doctor will then make a new recommendation. You request this from your company doctor. Your employer pays the costs. You can also apply for an expert opinion from UWV.

    Usually, your employer must continue to pay at least 70% of your wages when you are sick. For a permanent contract, your employer must do this for a maximum of 2 years.

    The employer can temporarily or completely stop paying your wages if you do not adhere to the reintegration rules or refuse suitable work. Your employer must warn you in writing beforehand if they plan to stop paying your wages.

    You remain reported as sick until you are reported as recovered. You are recovered when you can perform 100% of your work again. If you are not working all your hours or performing all your tasks, you are not yet recovered. As soon as you are fully recovered, report this to your employer. Your employer or the company doctor can also report you as recovered. This happens, for example, when the company doctor believes you are recovered.

  • Your employer cannot simply ask you to stay home all day. They can ask you to follow the company's rules. For example, you must be available for control or consultation at a fixed time. The rules must be reasonable.

    If you are not reachable at the agreed time, for example, because you have a hospital or doctor's appointment, inform your employer in advance. If you don't do this and your employer or the company doctor tries to reach you, you must explain where you were at that time. Otherwise, this can affect the continuation of your salary pay.

  • If you have reported sick according to the rules, your employer cannot refuse your sickness report. If your employer doubts whether you are sick, they can ask a company doctor for help.

    If your employer refuses your sickness report, ask them in writing to accept your sickness report. Use our sample letter for refusing a sickness report by an employer.

    If your employer still does not accept your sickness report afterward, seek advice from your legal expenses insurer or trade union, or contact a lawyer.

  • Your employer cannot deduct statutory vacation days when you are sick, even if you become sick during a vacation.

    Your contract may state that you must use your 'extra-statutory vacation days' when you are sick. These are the additional vacation days you get from your employer on top of your statutory vacation days.

  • In principe, yes. If you have reported sick, you must follow the reintegration rules. One of these rules is that you have at least one meeting with your employer every six weeks. More frequent meetings are also possible.

    If your employer requests a meeting, you usually must attend, even if you have not yet spoken with a company doctor. If you prefer to speak with a company doctor first, inform your employer and request to reschedule the meeting.

    If your employer insists on a meeting and you do not attend, they may eventually stop paying your wages.

    If you find your employer's request to attend a meeting unreasonable, for example, if you are required to attend too frequently, or if attending is not good for your recovery or physically impossible, discuss this with your company doctor. Or, request an expert opinion from UWV.

Non-compete

  • Under Dutch employment law, for a non-compete clause to be valid, it must be established in a written agreement mutually consented to by both the employer and the employee. The employee must be of legal age and have the necessary understanding to agree to such terms. Additionally, the enforceability of the clause often depends on a court's assessment, balancing the employer's interests against the employee's rights.

    We can guide you through scenarios where the courts may adjust the non-compete clause if an employee challenges its fairness or practicality. In these legal proceedings, the court considers the interests of both parties, and it has the authority to alter the duration, geographic limitations, and potential penalties associated with the clause.

  • If you have a non-solicitation clause in your contract, you are usually not allowed to 'take' any of your employer's relations to a new employer or your own business.

    The non-solicitation clause dictates how you handle your employer's relations. Relations include clients or other companies your employer works with. Your employer can only agree on a non-solicitation clause with you if:

    • You are 18 years or older.

    • You are getting a permanent contract.

    • The non-solicitation clause is included in your contract (not in your CLA).

    If you have a temporary contract, your employer can only agree on a non-solicitation clause with you if there is a good reason for it. Your employer must explain this reason in writing in your employment contract.

    When you resign or are dismissed, you will have to abide by the agreements in your non-solicitation clause. The non-solicitation clause aims to prevent you from doing business with your employer's relations. You must not:

    • Initiate contact with your employer's relations for your new job.

    • Work for these relations.

    Ask your employer to clarify what they mean by 'relation' in your non-solicitation clause to prevent later disputes. Your contract should also state how long you must adhere to the non-solicitation clause.

    If you are leaving with a settlement agreement, negotiate about removing your non-solicitation clause.

  • The non-solicitation clause and non-compete clause each serve a different purpose:

    • With a non-compete clause, you promise not to perform the same work for someone else or your own business. For example, you cannot work for a direct competitor of your employer.

    • The purpose of a non-solicitation clause is to prevent you from working with or for your employer's relations. You might still be able to perform the same work for a different party.

    If you have a non-compete or non-solicitation clause, it is important to clearly define who are considered competitors or relations of your employer.

  • If your employer has followed all the rules for a non-solicitation clause, then your non-solicitation clause is valid. If you violate the non-solicitation clause, your employer can impose a fine on you. The amount of the fine should be stated in your contract.

    Your employer cannot always enforce your non-solicitation clause. If you want to work for another organization or start your own business, discuss your non-solicitation clause with your employer. If you cannot reach an agreement, try to find a solution with someone who can help, such as a mediator.

    You can also ask a court to modify or remove your non-solicitation clause from your contract. The court will determine whether your non-solicitation clause is reasonable. We are happy to assist.