Noordam Advocatuur's Arnoud Noordam gave a presentation on "Dutch Employment & Dismissal Law" at Expatica's International Job Fair on Saturday, 14 September 2013.
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Noordam Advocatuur - Arnoud Noordam: Employment Law
1. Expatica International Job Fair
September14th 2013
Dutch Employment
& Dismissal Law
presented byArnoudNoordamPhD
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
4. 3. 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. 4. Probation period.
Duration of employment contract Maximum probation period *
2 monthsIndefinite contract
Contract of 2 years or longer 2 months
Contract less than 2 years 1 month
Contract for the duration of a project 1 month
* The provisions of a collective labour agreement
may deviate from the given maximum probation
periods
6. 5. Contract clauses
Clause Comments
Holidays Minimum: 4 * weekly working days
(4*5 = 20 days)
Holiday pay 8%
Salary Minimum € 1.477,80 (> 23 years; July
2013)
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?
7. 6. Employee Protection
* Sickness
- 2 years continued payment: 70% or
more
- Re-integration
- No termination of employment by
giving notice
* Dismissal
8. 7. Severance Pay
A * B * C = € .... ?
A = Number of years of employment,
weighted according to age (< 35, 35-45,
45-55, >55)
B = Monthly remuneration
C = Blame factor (in Dutch: Correctie
factor)