Littler Global Guide - Netherlands - Q4 2021

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Paid Parental Leave as of August 2, 2022

New Legislation Enacted

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

On October 12, 2021, the Dutch Senate approved the Act on Paid Parental Leave, which is introduced as implementation of EU Directive 2019/1158. Currently, employees are statutorily entitled to unpaid parental leave of 26 times the amount of working hours a week, to be taken during the first eight years of the child's life. As of August 2, 2022 employers can apply to the Employee Insurance Agency for a benefit for employees taking parental leave. This benefit is now set at 50% of the employee's average daily wage per leave day, but the Senate passed a motion to raise this to 70%. The House of Representatives still has to discuss this motion.

Quicker Gain of Participation Rights for Employees

New Order or Decree

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

On December 14, 2021, the Dutch Senate approved an act that makes some important changes to the Works Councils Act. As of January 1, 2022 employees gain the right to vote for the works council after three months of working in the company instead of after six months. The right to be a candidate for the works council will be obtained after three months, instead of 12 months, of working in the company. Temporary agency workers will be eligible to vote and be chosen after 18 months of working in the company.

Bill on the Temporary Broadening of the Use of COVID Entry Passes

Proposed Bill or Initiative

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

On November 22, 2021, the Dutch government submitted a bill to the House of Representatives proposing the broadening of the use of COVID entry passes. Based on this bill, employees would need a COVID entry pass to enter workplaces in sectors in which entry passes are already required for visitors. Furthermore, the bill would make it possible to implement the COVID entry pass as a condition for entering the workplace in other sectors, provided that there are no other sufficient alternatives to reach the same level of protection. The proposal is under consideration of the House of Representatives. Trade unions have called on parliamentarians to not adopt the bill and the Council for the Judiciary issued a critical advice to the minister.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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