Temp agencies play a major role in matching
demand and supply on the Dutch labour market. When not searching for new staff
but outsourcing administrative and legal responsibilities, companies often make
use of pay-rolling companies.
Typically, the rules for temporary workers – or: temps
(in Dutch: uitzendkrachten) – are much less protective (employment
lite) than those for regular employees. What about the employment
protection of pay-rolled workers? Until 2020, pay-rolled workers and temporary workers were equally unprotected.
This has changed as of January 2020. If (a) the agency has no role in matching
supply and demand of labour, and (b) the pay-rolled employee is working
exclusively for one client-company, the pay-rolled worker can, to a large
extent, rely on the same protection and benefits as regular employees working
in a similar role as the pay-rolled worker. Thus, the Dutch rules now
distinguish temporary workers from pay-rolled workers, granting a lot more
protection to pay-rolled workers.
Note that transition rules prevent that pay-rolled
employees hired before January 1st 2020 are becoming permanent
employees pursuant to the new Dutch rules for payrolling. For new contracts it
is worth finding out if you are dealing with temping or pay-rolling.
Dutch employment law offers a high degree of
protection to employees working in the Netherlands. Such protection comes
to the fore in the event that an employer wishes to terminate an employee’s
employment contract. An employer who intends to dismiss an employee is
required, by law, to comply with several strict rules and regulations. During
reorganisations, employees are often laid-off based on redundancy. Or alleged
redundancy? In our experience it is not exceptional that lay-offs include
employees whose employment activities do, in fact, continue to exist. We help
expats figuring out the facts and negotiating more favourable terms of a
Every year between 5,000 and 7,000 highly skilled migrants come to the Netherlands. They make an important contribution to our economy. Since October 2004, a special Highly Skilled Migrant Scheme is applicable in the Netherlands. What are the regulations regarding highly skilled migrants?
Continue reading “Highly skilled migrants in the Netherlands”
In the spring of 2018 the Dutch government announced that, in 2019, the maximum period of 8 years during which the Dutch 30% tax ruling may apply would be reduced to 5 years. Anger rose in the expat community – understandably. Today the Dutch Prime Minister came with a snippet of good news softening the blow.
Continue reading “Mark Rutte revisits 30% tax ruling for expats”
Upon termination of the employment contract, the employee may be entitled to a ‘transitional allowance’. The transitional allowance is intended to assist the employee in finding a new job after dismissal, for example through education.
Continue reading “Employment law – Termination of employment contracts – Transitional allowance”
When terminating an employment contract both the employee and employer need to respect a notice period. The notice period depends on the duration of the employment contract.
Continue reading “Employment law – Termination of employment contracts – Notice period”
If the termination of the employment contract is based on the following grounds, the employer may request the court to terminate the employment contract:
Continue reading “Employment law – Termination of employment contracts – dissolution by the court”
Notice given with permission from the UWV
If the termination of the employment contract is (i) based on economic grounds or (ii) occurs after a period of illness of more than two years, the employer will first have to obtain permission from the Employment Insurance Agency (UWV) to terminate the employment contract. Notice given without permission of the UWV is null and void.
Continue reading “Employment law – Termination of employment contracts by giving notice”
There are different ways in which an employment contract may legally be terminated. One of these methods is termination based on reasonable grounds.
Continue reading “Employment Law – Termination of employment contracts based on REASONABLE GROUNDS”
Both parties may terminate the employment contract with immediate effect for ‘urgent reasons’. The reason, or reasons, for the dismissal must be specified immediately.
Continue reading “Employment law – Termination of employment contracts – summary dismissal”