1. Brief Description of Anti-Discrimination Laws According to Dutch legislation, discrimination on any ground whatsoever is prohibited. Discrimination on the following grounds is explicitly prohibited: religion, personal beliefs, political opinion, race, sex, nationality, hetero- or homosexual orientation and civil status. In addition, in specific employment laws, discrimination on the following grounds is explicitly prohibited: age, […]
Aug
18
2013
Authorisations for Foreign Employees in The Netherlands
How to hire a foreign employee in The Netherlands?
Sep
13
2013
Employee Rights When an Undertaking is Transferred in Netherlands
1. General A transfer of undertaking is “a transfer resulting from an agreement, merger or split of an economic entity, which entity maintains its identity.” It is explicitly stipulated that a part of a company may also be regarded as an economic entity. It is necessary to assess the facts in order to conclude whether […]
Aug
22
2013
Employers Associations and Trade Unions in The Netherlands
1. Brief Description of Employees’ and Employers’ Organizations Only in case of a collective dismissal, or if provided by a Collective Labour Agreement, the employer is obliged to inform the trade unions when it reports its intention to implement the dismissal to the Employee Insurance Agency. After the report has been made, there is a […]
Aug
29
2013
Employment Contracts in The Netherlands
1. Minimum Requirements An employment contract under Dutch law may be concluded orally or in writing and the employer will need to inform the employee in writing with respect to certain terms. 2. Fixed-term/Open-ended Contracts An employment contract can be agreed upon for a fixed period of time (fixed-term contract) or for an unspecified period […]
Oct
27
2016
Hiring Practices in The Netherlands
During pre-employment phase only those personal data that are required for the position that the applicant applied for, can be screened. Standard screening procedures are normally not allowed in the Netherlands. In the pre-employment phase no extraordinary personal data of the candidates may be screened. This is only allowed if there are exceptional requirements for […]
Oct
27
2016
Restrictive Covenants in The Netherlands
1. Definition of Restrictive Covenants A restrictive covenant is a clause included in the (signed) employment contract that prohibits the employee from engaging in certain activities for a specified period of time. The clauses must be written down in a language the employee understands. Examples of restrictive covenants are: A non-compete clause; A non-solicitation clause; […]
Oct
27
2016
Social Media and Data Privacy in The Netherlands
1. Can the employer restrict the employee’s use of Internet and social media during working hours? The employer can restrict the use of Internet and social media during working hours by a guideline/code of conduct that states the rules about this usage. The employer must inform the employees about the email and internet-policy within the […]
Aug
22
2013
Social Security / Healthcare / Other Required Benefits in The Netherlands
1. Legal Framework Social security in the Netherlands is laid down in a number of laws and decrees. The social security rules can be subdivided into social insurance benefits and social welfare benefits. The difference between these two can be found in the funding. Social insurance is funded from the contributions paid by employees. This […]
Sep
13
2013
Termination of Employment Contracts in The Netherlands
1. Grounds for Termination A fixed-term employment contract or a contract for a specific project ends by operation of law upon expiration of the term or completion of the project, without notice being required. The employer is obliged to inform an employee who has a fixed-term contract about vacancies with an open-ended employment contract. An […]
Sep
13
2013
Working Conditions in The Netherlands
1. Minimum Working Conditions The Working Conditions Act contains the most general provisions and requirements regarding working conditions and stipulates that an employer and employee are jointly liable in supporting health, safety and wellness in the work place. The employer has to set up a working conditions policy within the company. 2. Salary In principle, […]