Topic: The Netherlands

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The COVID-19 vaccine @ work: a Dutch employment law perspective

At a time when the world is suffering from the COVID pandemic, hope rests in the advent of Covid-19 vaccines. In addition, employers are trying to anticipate the ever-changing situation in the workplace. In doing so, they must adhere to existing laws and regulations, which were not written with a situation like this in mind. … Continue reading

Collective dismissal in the Netherlands

The Dutch government recently introduced the ’Employment Emergency fund ’ (Noodfonds Overbrugging Werkgelegenheid; NOW) and other measures to address the consequences of the COVID-19 outbreak. Pursuant to NOW, employers can submit an application for a substantial contribution towards labour costs. More information on NOW can be found [here]. Nevertheless, the COVID-19 outbreak may require employers … Continue reading

Economic measures taken by the Dutch government in light of the COVID-19 outbreak – UPDATE

On March 31, 2020, the Dutch government published the Emergency Fund for Employment and Businesses. The measures are taken with the aim to protect jobs and incomes and to address the consequences of the COVID-19 outbreak on self-employed professionals, SME-entrepreneurs and large companies. The measures aim to ensure that companies can continue to pay their … Continue reading

Dutch emergency measures also amend enforcement of higher WW premium

As part of the Covid-19 emergency measures the Dutch government has decided to (i) extend the period for complying with new requirements  for employment contracts for an indefinite period until 1 July 2020, and (ii) make changes to the 30percent working hours rule. Extension of period for compliance The Dutch employment act WAB that came … Continue reading

Compensation transition allowance after two years of illness can be requested as of today

As of 1 April 2020, employers can request compensation for the transition allowance paid to an employee who is dismissed after two years of illness. A request can be submitted to the UWV via the employers’ portal (werkgeversportaal). The requirements for compensation are as follows: the employee was dismissed due to the long-term illness; the … Continue reading

Economic measures taken by the Dutch government in light of the COVID-19 outbreak

On 17 March 2020 the Dutch government announced exceptional economic measures. The aim is to protect jobs and incomes and to address the consequences of the COVID-19 outbreak on self-employed professionals, SME-entrepreneurs and large companies. The measures aim to ensure that companies can continue to pay their staff, bridge the gap for self-employed workers and … Continue reading

Germany: An Employer’s duties dealing with COVID-19 (Coronavirus) – Q&A

COVID-19 is spreading across the world and companies everywhere are faced with its challenges. In circumstances where a COVID-19 case impacts your German workplace we recommend close coordination with the public health authority on how to proceed. In doing so – especially against a possible liability for illness or even death – it will show … Continue reading

The Balanced Labour Market Act (Wet arbeidsmarkt in balans: WAB) – expected to come into force January 1, 2020

Today the Dutch Senate voted in favour of the legislative proposal. The WAB is therefore likely to enter into force on 1 January 2020. The effect for employers The proposed changes to the current Dutch Labour and Employment Laws are expected to have an impact on many types of employment contracts. The main principle of … Continue reading

Artificial Intelligence: The Fourth Industrial Revolution and the need for improved employee representation

Traditional labour law is facing new challenges with the upcoming availability of flexible employment platforms (e.g. Uber/Takeaway/Deliveroo/Helpling). Society demands flexible working hours, flexible contracts and most employees are now – or in the near future – required to constantly review their skills to remain employed. It follows from research performed by the World Economic Forum … Continue reading

Subcontracting of workers under the Terms of Employment Posted Workers in the European Union Act (Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie)

The Posted Workers Directive (Directive 96/71/EC and Directive 2014/67/EU) (the Posted Workers Directive) applies where a company (the Service Provider) in one EU member state, has a contract to provide services to an undertaking in another member state and pursuant to that contract posts workers (Workers) to that other member state. The Posted Workers Directive … Continue reading

Closing down a business in the Netherlands – dealing with sick employees

Many international companies may have a branch or legal entity in the Netherlands. If such a company decides to close down its Dutch business, it needs to take actions regarding its assets, its (contractual) obligations , and its employees. If there is no possibility of finding suitable alternative employment for employees within the group, the … Continue reading

Changes to the Working Conditions Act – expected to come into force 1 July 2017

Proposed changes to the current Working Conditions Act (Arbeidsomstandighedenwet) (the Act) are expected to have a direct impact on all companies in the Netherlands. The changes will mainly impact on the current relationship with the occupational health & safety service provider (Arbodienstverlener); existing policies in relation to sickness prevention; and conditions that apply to the … Continue reading

Intra-Corporate Transfer Directive implemented in the Netherlands

On November 29, 2016 the Dutch Royal Decree (the Decree) which implements the European Intra-Corporate Transfer Directive (2014/66/EU) (the Directive), came into force. The Directive applies to secondments of non-EU citizens satisfying certain conditions whose main place of residence is outside the EU (Expats) to an EU Member State. The Directive simplifies the admission procedure … Continue reading

Judgment on the qualification of a “payroll company” and a “temporary agency contract”

On 4 November 2016, the Supreme Court in the Netherlands issued an important judgment  that will impact on the use of payroll companies. In this judgment, the Supreme Court held that no “allocation function” is needed to qualify as a temporary employment agency contract (uitzendovereenkomst). This e-Alert provides a summary of the judgment and further background … Continue reading

Update: Assessment of Employment Relationships (Deregulation) Act (DBA)

Working with independent contractors/freelancers? In May 2016, we discussed https://www.globalworkplaceinsider.com/2016/05/var-declaration-replaced-by-model-agreements-as-of-may-1-2016/ the abolition of the VAR-declaration as a result of the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act) which came into force on 1 May 2016. The first year is intended as a transitional period, during which law enforcement … Continue reading

The Foreign Nationals Employment Act

Financial risks when using foreign workers in the Netherlands Hiring contractors or temporary employment agencies that employ foreign workers in the Netherlands, can create financial risks of which you should be aware. If foreign workers carry out activities for the benefit of your business, you should comply with legal obligations under the Foreign Nationals Employment … Continue reading

New Dutch Legislation | Working after state pension age Act

Do you wish to keep valuable employees who are about to retire, but are you afraid termination will be difficult if they remain employed? As of this year, risks related to hiring employees who have reached the state pension age (an Older Employee) are considerably reduced, e.g. the duration of the prohibition to terminate and … Continue reading

VAR-declaration replaced by model agreements as of May 1, 2016

As of May 1, 2016, the VAR-declaration (Verklaring Arbeidsrelatie) will be replaced by model agreements approved by the Dutch Tax Authorities for each sector or professional field. This is due to the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act). As a result, companies run the risk additional … Continue reading

Dutch senate passes Act House for whistleblowers

On 1 March 2016, the Dutch senate adopted the Act House for whistleblowers (the Act). The Act introduces an independent and impartial governmental institution that investigates wrongdoing and assists employees in disclosure proceedings: the House for Whistleblowers. In addition, the proposal introduces several rules to protect whistleblowers. The Act is expected to come into force … Continue reading

Flexible Working Act: Stronger position for employees who want to work from home

On 14 April 2015, the Dutch Senate has accepted the Flexible Working Act, allowing employees of companies in the Netherlands more flexibility in respect of working hours and working from home. With effect from 1 January 2016, employees will be able to ask not only for changes to the number of hours they work, but also changes … Continue reading
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