![\"Dutch](\"https:\/\/hetarbeidsrechtbureau.nl\/wp-content\/uploads\/2020\/08\/reorganisatie-bureau-advies-ondersteuning-vragen-hulp-1024x683.jpeg\")
<\/figure>\n\n\n\n1. Fixed term or indefinite term<\/h3>\n\n\n\n
Employees are very well protected under Dutch law. It is not at all easy to terminate an employment contract. In short, there are two contract options: a\u00a0contract for an indefinite period, or\u00a0a\u00a0fixed term contract.\u00a0The latter expires automatically on the agreed end date. A contract with an indefinite term can only be terminated by\u00a0the employer\u00a0based on\u00a0permission from the\u00a0Employee Insurance Agency (UWV) or\u00a0the\u00a0court,\u00a0mutual\u00a0consent, or urgent\u00a0cause\u00a0for\u00a0dismissal\u00a0with\u00a0immediate\u00a0effect.\u00a0The same applies to the termination of a fixed term contract\u00a0before the end date. Because of this\u00a0high level of protection for employees,\u00a0it is advised to\u00a0work\u00a0with (short) fixed term contracts\u00a0initially.\u00a0<\/p>\n\n\n\n
2. Maximum fixed term contracts<\/h3>\n\n\n\n
It is not possible to enter into many fixed term contracts with the same employee. After 36 months the employment contract automatically reverts into an indefinite employment. This is a result of the Dutch \u2018chain regulation\u2019. Also, if the employment has not lasted 36 months yet, the fourth fixed term contract between the same parties automatically reverts into an indefinite employment. <\/p>\n\n\n\n
3. Minimum wage<\/h3>\n\n\n\n
Under Dutch law employees have the right to earn the statutory minimum wage<\/a>, as well as 8% holiday pay. For\u00a02022\u00a0employees older than 21\u00a0must receive \u20ac\u00a01.725,-\u00a0gross per month, excl. holiday pay, for\u00a0a fulltime workweek.\u00a0<\/p>\n\n\n\n A probation period can only be agreed upon in a contract for an indefinite period, or in a fixed term contract which lasts 6 months or more. Therefore, it is advised to choose a minimum duration of 7 months for a fixed term contract. <\/p>\n\n\n\n During sickness or injury the employer is obliged to pay a minimum of 70% of the wages for 104 weeks and to observe all rules and regulations with regards to the reintegration of the employee. It is not allowed to terminate an employment contract of an employee who is unfit for work due to sickness or injury, or during pregnancy and maternity leave. <\/p>\n\n\n\n Based on Dutch law an employee is entitled to receive <\/strong>notice about extension or termination of a fixed term contract one month before the end date of the contract. If the employee is not informed on time, a penalty of a maximum of one month\u2019s salary is to be paid to the employee. <\/p>\n\n\n\n If the employer wishes to terminate an employment contract \u2013 either by not extending a fixed term contract, by initiating a dismissal procedure or even during the probation period \u2013 a statutory transition fee needs to be paid to the employee. This amounts to 1\/3 month\u2019s salary for each year of employment. <\/p>\n\n\n\n Under Dutch law it is only possible to impose post-employment restrictions on an employee with a fixed term contract, if the contract includes the specific compelling business reasons for doing so. This must be specific per contract, for each employee in their specific role. Dutch law does not provide for mandatory compensation when agreeing on a non-competition clause. <\/p>\n\n\n\n Employees who have worked in the Netherlands on the basis of an employment contract can request unemployment benefits at the UWV. In order to receive them, there are several requirements<\/a>. For instance, they need to keep applying for a new job, must have worked at least 26 weeks in the past 36 weeks, need to live in the Netherlands and must not be culpably unemployed. The benefits will not be granted if the employee has chosen to resign from the job. <\/p>\n\n\n\n Hopefully now you know more about Dutch employment law. But please note that\u00a0there are many more rules to observe. Some of which may be included an applicable collective labor agreement.\u00a0If you wish to learn more, feel free to contact<\/a> me.\u00a0Or visit this website<\/a>.<\/p>\n\n\n\n Are you an employee working in the Netherlands? Or planning to work in the Netherlands? Please click here<\/a> to read the blog that’s written especially for you.<\/p>","protected":false},"excerpt":{"rendered":" Are you dealing with workers in the Netherlands, or are you planning to? Get familiar with the most important aspects of Dutch employment law.<\/p>","protected":false},"author":1,"featured_media":3777,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"image","meta":{"_monsterinsights_skip_tracking":false},"categories":[20],"tags":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t4. Probation period<\/h3>\n\n\n\n
5. Incapacity for work <\/h3>\n\n\n\n
6. Failure to give notice<\/h3>\n\n\n\n
7. Transition fee<\/h3>\n\n\n\n
8. Post-employment restrictions<\/h3>\n\n\n\n
9. Unemployment benefits<\/h3>\n\n\n\n