These are the slides to Arnoud Noordam's presentation on "Dutch Employment & Dismissal Law" at Expatica's International Job Fair on Saturday, 5 April 2014. Noordam Advocatuur is a legal firm based in Amsterdam, providing legal advice and services in the fields of employment law and civil disputes. Noordam Advocatuur has extensive experience of advising and assisting expatriates in the following matters: Redundancy proceedings and settlements The review of employment contracts Salary claims Employee sickness issues For English speakers and those unfamiliar with Dutch legislation, they offer a comprehensive explanation of Dutch law in the above fields. Arnoud Noordam studied law and economics in Amsterdam. In 1991, he began his legal career with a large, international law firm. Four years later Arnoud started his own law firm. He gained his PhD in insolvency law at the VU university in Amsterdam in November 2007. For further information, please go to www.noordamadvocatuur.nl.

1. Expatica International Job Fair
April5th 2014
Dutch Employment
& Dismissal Law
pluschangestothelawin2014&2015
presentedby ArnoudNoordamPhD

2. 1. Introduction
• How it all started……..
• Fifteen years assisting expats
• (a) Employment law (b) Rental law
(c) Review house sale (d) Insolvency law.

3. 2. Types of contract
• 1st Temp contracts – Agency - ABU
Collective Labour Agreement
• 2nd Flex Workers – 0 hours
• 3rd Definite period of time
• 4th Indefinite period of time

4. 3a. Chain rule
Contract for an indefinite period of time
(a) after 36 months, or
(b) as of the commencement of the
fourth fixed-term contract,
unless there is a break of more
than three months between
successive contracts.

5. 3b. Chain rule July 2015
Contract for an indefinite period of time
(a) after 24 months, or
(b) as of the commencementof the
fourth fixed-term contract,
unless there is a break of more
than six months between successive
contracts.
• ExceptionsinCLApossible

6. *Theprovisionsofacollectivelabouragreementmaydeviatefromthegivenmaximumprobationperiods.
Duration of employment contract Maximum probation period *
Indefinite contract 2 months
Contract of 2 years or longer 2 months
Contract less than 2 years 1 month
Contract for the duration of a project 1 month
4. Probation period

7. 5a. Contract clauses
Clause Comments
Holidays Minimum: 4 * weekly working days
(4*5 = 20 days)
Holiday pay 8%
Salary Minimum € 1,485.60 (> 23 years; Jan
2014)
Employee notice period 1 month; sometimes more…..
Employer notice period < 5 years: 1 month 10 – 15 years: 3
5 – 10 years: 2 > 15 years: 4
Non-competition Binding?

8. 5b. Contract clauses July 2014 (?)
Contract New rules for contracts starting after
July 2014
Short contract < 6 months No probation period
Short contract > 6 months 1 month notice (otherwise 1 month extra
salary)
Contracts for a definite period of time No non-competition clause; in principle…
On-call contracts Only permitted during first 6 months.
Collective LA can allow longer period

9. 6. Employee Protection
• Sickness
−2 yearscontinuedpayment:70% or more
−Re-integration
−Noterminationof employmentby giving notice
duringfirst2 yearsofsickness
• Dismissal

10. 7a. Severance Pay
A*B*C= €.... ?
A= Numberofyearsof employment,weighted
accordingtoage(<35,35-45,45-55,>55)
B = Monthlyremuneration
C = Blamefactor(inDutch:Correctiefactor)

11. 7b. Severance Pay July 2015
• 1/3rd of monthly salary for each year of
employment; ½ month salary if employment
> 10 years
• Maximum € 75,000 or 1 year salary (if higher)
• Court can award higher severance if employer
seriously culpable….

12. 8. Questions….?
?
??

13. Visit our website
www.noordamadvocatuur.nl
Call us on 020 – 6898 123
We are located at Oranje Nassaulaan 5
in AMSTERDAM