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Employers in the Netherlands should be aware that in addition to previously announced (expected) legislative changes, the following rules in the HR field have come into effect as of 1 January 2024. Statutory minimum hourly wage As of 1 January 2024, a legal minimum hourly wage applies to employees. For employees aged 21 and older, a single minimum hourly wage applies, regardless of the sector. This currently…
On 24 January 2023, the Senate approved the Whistleblowers Protection Act, which replaces the 2016 Whistleblowers Authority Act. On 18 February the Act partially entered into force. The new law introduces new, more protective measures towards so-called ‘whistleblowers’. Whistleblowers are (mostly) employees who make a report because they suspect wrongdoing within the organisation. Under the new law, a whistleblower is also a person who reports…
Employers in the Netherlands may soon be required to balance their own and employees’ interests when evaluating a request to work from another place within the EU. But does this mean employees could work from anywhere they want? On 5 July 2022, a proposal for a ‘Work Where You Want’ Act was adopted by the Dutch House of Representatives. The proposal was subjected to a…
Employers in the Netherlands suffering from the effects of the COVID-19 crisis are entitled to assistance in managing their pension liabilities. This article provides details. At the very beginning of the COVID crisis in March, it was announced that pension providers would accommodate employers facing financial problems due to the COVID crisis as much as possible. The Dutch Labour Foundation, the Pension Federation and the…
On 28 August, the Ministry of Economic Affairs and Climate announced that the NOW job retention scheme will be extended for three three-month periods starting from 1 October. The temporary emergency scheme for job retention (NOW) in the Netherlands provides compensation for the wage costs of employers who expect a significant loss of turnover due to the Covid-19 crisis. NOW 3.0 represents the second extension and…
As a result of government measures concerning the coronavirus, the majority of Dutch employees are working from home. In principle, the existing rules on working from home also apply during the COVID-19 crisis. Due to the exceptional circumstances that are currently forcing unprecedented numbers of employees to work from home, employers in the Netherlands should be aware of several important work-from-home rules. Furnishing the workplace…
This article analyses how Dutch courts have dealt with dismissals for sexual harassment in the wake of the #MeToo movement and highlights some of the key points of employers to consider in dealing with a sexual harassment allegation. There has been a lot of public attention on unwanted sexual behaviour in the workplace after the emergence of the #MeToo movement in October 2017. Initially, the…
New Dutch rules will entitle employers to be reimbursed for transition payment made on terminating the employment of employees with a long-term illness meaning they cannot work. In the Netherlands, employees are, in principle, entitled to the so-called statutory ‘transition payment’ if their employment agreement of two or more years is terminated or not prolonged at the initiative of the employer. In July 2018, the…
This article takes a look at employment law reforms planned in the Netherlands by the coalition government formed by Prime Minister Mark Rutte in October 2017. Deregulation of the Labour Relations Assessment Law (law applicable to contractor agreements) As of 1 May 2016, the law on Deregulation of Labour Relations Assessment (‘Wet DBA’) replaced the Employment Status Declaration (‘VAR’). This law is aimed at making…
The recent #metoo revelations have led to more discussion of sexual harassment. Of course, the situation in the workplace is part of this debate, because, unfortunately, unwelcome advances frequently take place there. These matters are often delicate, and a Dutch Court of Appeal ruling in The Hague last April only confirms that dealing with such accusations can be a tricky business. The central question in this…