Mastering Dutch Employment Law.
The 4 Pillars of Litigation of Dutch Employment Law
The Chain Rule (Ketenbepaling)
In the Netherlands, you can offer a maximum of 3 temporary contracts within a 36-month period. Exceeding this automatically converts the agreement into a permanent contract.
Non-Compete Clauses
A non-compete clause (concurrentiebeding) is generally invalid in temporary contracts unless strictly justified by compelling business interests. We draft enforceable clauses that protect your IP and clients.
Freelance (ZZP) Risks
Hiring freelancers requires strict compliance with the DBA Act to prevent false self-employment (schijnzelfstandigheid). We draft Model Agreements to shield you from retroactive tax claims.
Navigating Dismissal in the Netherlands
The Netherlands employs a “closed dismissal system”. You cannot simply fire a permanent employee. A valid legal ground is mandatory, and the correct route must be taken.
Mutual Consent (VSO)
UWV Procedure
If dismissal is due to business economic reasons (e.g., reorganization) or long-term disability (sickness > 104 weeks), you must obtain a dismissal permit from the Dutch Employee Insurance Agency (UWV). We draft the robust substantiation required to secure this permit.
Dysfunction & Conflict
The Cantonal Judge (Court)
The 104-Week Sickness Risk
Under the Dutch Gatekeeper Improvement Act (Wet verbetering poortwachter), employers carry extreme financial risks when an employee falls ill. You must pay sick leave for 104 weeks and strictly follow this reintegration timeline to avoid wage sanctions from the UWV.
Problem Analysis
The Company Doctor (Bedrijfsarts) must draft a formal problem analysis detailing the limitations and possibilities for the sick employee.
Action Plan
Employer and employee must jointly agree on a written Action Plan detailing the steps to return to work. Refusal by the employee justifies wage suspension.
Reporting to UWV
The employer must formally report the long-term sick employee to the UWV. Missing this deadline results in automatic fines.
First-Year Evaluation
A formal evaluation of the reintegration process so far. Often, Track 2 (Spoor 2 - finding work at another employer) must be initiated alongside Track 1.
WIA Application & Audit
The employee applies for disability benefits (WIA). The UWV audits the employer's reintegration dossier. If insufficient, the employer must pay a 3rd year of sick pay (loonsanctie).
