In a recent ruling, the Court of Gelderland held that long-term sick employees continue to accrue statutory vacation days throughout the entire period of illness, even after the two-year waiting period and regardless of whether they receive salary or perform work.[1] The court based its decision on European law, setting aside the Dutch Civil
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Cross-border employment: EU ruling clarifies ‘substantial part’
By Wijnand Blom on
On 4 September 2025, the Court of Justice of the European Union issued a judgment clarifying how to determine whether an employee performs a “substantial part” of their work in their Member State of residence under Regulation (EC) No 883/2004 and its implementing regulation No 987/2009.[1]
According to Article 13(1) of Regulation 883/2004, an…
Updated labor office rules for dismissal due to economic reasons
By Wijnand Blom on
As of 1 July 2025, the Dutch labor office (UWV) has updated its implementation rules for dismissals due to business or economic reasons. These rules guide employers through the dismissal approval process, including the legal framework, required documentation, and assessment criteria. While most provisions remain unchanged, a new Chapter 6 has been added, specifically addressing…
Updated legislative proposal on assessing employment vs contractor status
By Wijnand Blom on
On 7 July 2025, the Dutch government submitted the legislative proposal to the House of Representatives. The bill aims to clarify when a working relationship qualifies as an employment contract, helping to reduce false self-employment and better distinguish between employees and independent contractors.
The proposal reflects recent legal developments, including the Supreme Court’s Uber ruling…
Revision of the European Works Council Directive: more rights and obligations for EWCs
By Wijnand Blom on
On 9 October 2025, the European Parliament approved a major revision of the EWC Directive, introducing significant changes to how European Works Councils are established and operate. Member States must transpose the Directive by 2027, with most provisions taking effect in 2028.
The revised Directive applies to multinational companies with at least 1,000 employees in…
EU Pay Transparency Directive: new obligations for employers
By Wijnand Blom on
The EU Pay Transparency Directive (Directive (EU) 2023/970), adopted in May 2023, aims to tackle gender-based pay inequality through stronger transparency and accountability. The Dutch government is implementing this Directive via a draft bill that closely follows the EU provisions. Although the original deadline was 7 June 2026, the Dutch Minister of Social Affairs and…
New licensing obligations for temporary employment
By Wijnand Blom on
The Dutch Labor Supply Licensing Act will introduce a mandatory licensing system for companies that supply temporary workers. This legislation will affect both staffing agencies and the companies that hire temporary workers. Once the law is in force, only licensed providers will be allowed to supply labor, and hiring from unlicensed agencies may result in…