The Dutch government has submitted a legislative proposal to the Council of State (Raad van State) that would significantly restrict the use and enforcement of non-compete clauses. Under the proposal, non-compete clauses would be limited to one year, require a defined geographical scope and specific justification, and employers would have to pay compensation
Legal Presumption of Employment for Low-Paid Contractors
On 16 June 2026, the Dutch Senate adopted the legislation introducing a legal presumption of employment for self-employed workers earning less than EUR 36 per hour. Where such a worker invokes the presumption, the hiring entity must demonstrate that no employment relationship exists.
The new presumption is primarily aimed at the lower end of the…
Restrictions on Dutch non-competition clauses
The Dutch government has proposed significant changes to the rules on non-compete clauses. The proposal follows concerns that non-compete clauses are often included as standard wording in employment contracts, even where there is no clear need for such a restriction.
What is expected to change?
Under the legislative proposal, the use and enforcement of non-compete…
Trade Unions’ Right of Access to Workplaces: Government Consultation Response and Draft Legislation
The Employment Rights Act 2025 (ERA2025) introduces a statutory right for independent trade unions to access workplaces for the purposes of meeting, supporting, representing, recruiting or organising workers and facilitating collective bargaining. The underlying policy objective is to support fair, modern and effective industrial relations by enabling unions to communicate directly with workers…
Updates to the Trade Union Reforms
The Employment Rights Act 2025 (ERA 2025) introduces significant changes to trade union law. The government has recently published its proposals regarding the prohibition of detrimental treatment related to industrial action, and the introduction of electronic and workplace balloting for industrial action.
Protection Against Detriment for Taking Industrial Action
The ERA 2025 introduced Section 236A…
Individual Mutual Termination Agreements in France: a turning point?
Since its introduction in 2008, the rupture conventionnelle individuelle (mutual termination agreement) has become one of the most commonly used methods for terminating indefinite term employment contracts in France. It offers a flexible and consensual alternative to resignation or dismissal, enabling both the employer and employee to agree on a departure while allowing the employee…
Unfair dismissal changes – commencement regulations made
- The qualifying period for
Government Consultation on Zero Hours Contracts Reforms
On 2 June 2026, the government published its consultation on reforms to zero hours contracts: Make Work Pay: ending one-sided flexibility – reforms of zero hours and similar contracts.
The reforms which are contained in the Employment Rights Act 2025 (ERA 2025) have not yet taken effect. Regulations are required to outline key details…
Are your usual workplace investigation processes exposing you to WHS prosecution risk?
KEY INSIGHT
No investigation, regardless of its importance, can be prioritised over an individual’s health and safety. Rather, the investigation needs to proceed in a manner that ensures, so far as is reasonably practicable, the health and safety of those involved.
Organisations are increasingly at risk of investigation and prosecution by work health and safety…
Preventing the misuse of non-disclosure agreements
On 15 April 2026, the government launched a consultation on regulations to prevent the misuse of non-disclosure agreements (NDAs) in cases of workplace harassment or discrimination.
NDAs
NDAs are formal agreements or clauses used to keep information confidential by preventing disclosure. Historically, they have been used to protect commercial data, trade secrets and sensitive business…