Joost Kokje, 18 October 2024

Employment law in NL: Part 5 Employee Rights and Protections

The Netherlands is renowned for its progressive labor laws, which offer strong protections for employees. Dutch employment law strikes a balance between protecting workers’ rights and fostering a flexible, productive economy. In part 5 of this blog series, we cover the key aspects of employee rights, being safe working conditions, leave arrangements, benefits, and work-life balance.

1. Safe Working Environment

The Dutch Working Conditions Act (Arbowet) ensures that all employees have the right to a safe and healthy working environment. Employers are obligated to take measures that guarantee the well-being of their staff. Key responsibilities include:

• Risk Assessment: Employers must conduct regular risk assessments to identify and minimize potential hazards in the workplace.
• Health and Safety Training: Companies are required to provide training for employees to handle work-related risks and emergencies.
• Occupational Health Services: Employers must have access to an occupational health service (arbodienst) or a certified health and safety expert. These services help manage work-related illnesses, stress, and absenteeism.
• Stress and Burnout Prevention: Stress is a growing concern in modern workplaces, and Dutch labor laws mandate that companies take proactive steps to prevent work-related stress and burnout by offering flexibility and adequate breaks.

If a company fails to provide a safe environment, employees can file complaints with the Labor Inspectorate, which has the authority to enforce regulations and impose penalties. For employees working remotely, a easier regime applies to the employers to make sure the employees’ working environment is safe.

2. Leave Arrangements

The Netherlands offers several statutory leave arrangements for employees to use depending on the specific situation. These arrangements should contribute to a healthy work-life balance. Examples are:

• Paid Annual Leave: Full-time employees are entitled to at least four times the weekly working hours in paid vacation per year (e.g., 20 days for a 5-day workweek). Employers are required to pay employees their wage during their vacation time.

• Sick Leave: Employees are entitled to sick leave and can receive up to 70% of their wages (capped at the statutory maximized daily rate) for a period of up to two years. Employers must facilitate a return-to-work plan in collaboration with the employee and occupational health services.
• Parental Leave: Both parents are entitled to unpaid parental leave (26 weeks) until the child turns 8. Additionally, new parents can benefit from paid parental leave since 2022, which covers up to 9 weeks at 70% of the employee’s salary, maximized at the statutory daily rate.
• Maternity Leave: Pregnant employees are entitled to a minimum of 16 weeks of maternity leave, with full salary compensation. Women can start this leave 4 to 6 weeks before their due date.
• Paternity Leave: Fathers or partners are entitled to 5 days of paid paternity leave after the birth of a child, plus an additional 5 weeks of partially paid leave at 70% of their salary.

3. Employee Benefits

The Dutch welfare state provides a wide range of employee benefits, ensuring that workers have access to healthcare, social security, and pension schemes.

• Social Security: Employees contribute to social security, which covers unemployment benefits, disability insurance, and sick leave compensation. If an employee becomes unemployed through no fault of their own and if they worked sufficient days in a year and year in conjunction, they can claim unemployment benefits for a period of time based on their employment history.
• Healthcare: Every Dutch resident, including employees, is required to have health insurance. Employers can, but are not required to provide supplementary health insurance schemes and may cover part of the cost.
• Pension Plans: Dutch employees automatically participate in the national pension scheme (AOW), which is complemented by mandatory or company-based pension plans. Many companies also offer additional pension contributions as part of the employment package. This is either mandatory through CLA applications or voluntary through enrolment via a pension insurer.

4. Work-Life Balance

The Netherlands is famous for its emphasis on work-life balance. According to the OECD, Dutch workers have one of the shortest average workweeks in Europe.

• Flexible Working Hours: The Working Hours Act regulates the number of hours employees can work each day and week, including rules for overtime and night shifts. It limits workdays to a maximum of 12 hours and workweeks to a maximum of 60 hours.
• Part-Time Work: Part-time work is very common in the Netherlands, particularly among women. Employees have the right to request part-time hours under the Flexible Working Act, which employers are required to consider unless substantial business interests require otherwise.
• Remote Work: Remote and hybrid working models are increasingly common. While the law doesn’t yet guarantee the right to work from home, the COVID-19 pandemic has made it more mainstream, and many companies now offer remote work options to promote work-life balance. Although we now do see a trend of employees returning to the office more often as well.
• Work and Care: Employees with caregiving responsibilities for sick family members or children can request care leave. Short-term care leave allows workers to take up to twice the number of weekly working hours within a 12-month period, while long-term care leave provides for 6 weeks of unpaid leave.

5. Protection Against Unfair Dismissal

Dutch labor law protects employees from unfair dismissal. Employers must have valid reasons to terminate a contract, such as poor performance, misconduct, or financial necessity. If dismissed without just cause, employees can challenge the dismissal through the courts. Severance pay, known as transition compensation, is provided in most cases of involuntary termination.

• Notice Period: Employers are required to provide notice before terminating an employee. The length of this notice period depends on the employee’s tenure.
• Termination by Mutual Agreement: Many terminations in the Netherlands occur by mutual agreement, and it is common for employees and employers to negotiate severance packages.

We explain more about termination procedures and protections in part 4 of our series.

Conclusion

The main views are that Employee rights and protections in the Netherlands are among the most advanced in Europe, reflecting a commitment to both the well-being of workers and the needs of businesses. From safe working environments to extensive leave arrangements and robust social security benefits, Dutch labor laws prioritize work-life balance and fairness in the workplace. These regulations not only protect employees but also foster a more engaged and productive workforce. Despite these positive notes, there are still challenges as well, such as the equality in pay between men and woman, flexible working arrangements and payment during illness (which is seen by employers as far too long).  

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