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Hiring & Firing › Employment Contract › Netherlands

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

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For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Hogan Lovells

Dutch Employment know how update

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This update provides an overview of the latest important developments in Dutch Employment legislation and case law. On 5 July 2022, the Dutch House of Representatives adopted the legislative proposal for the Work Where You...more

Littler

The Netherlands: Court Disallows Terminating Sick Employee’s Employment After UWV Procedure

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In a recent case, an employer petitioned the Sub-District Court to dissolve an employment contract with immediate effect after the UWV (Employee Insurance Agency) had dismissed its application for dismissal for economic...more

Littler

Are reservations in Dutch employment contracts a good idea?

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Employers in the Netherlands are sometimes keen to include a reservation when they form an employment contract. A reservation can be formulated as a condition precedent or a resolutive condition. Both types of conditions...more

Littler

The Netherlands: Is your fixed-term contract sufficiently clear?

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In the Netherlands, the end of a fixed-term employment contract is usually linked to a calendar date. Another possibility is for its duration to be linked to a particular piece of work or a project, provided that it is...more

Littler

The Netherlands: When does the prohibition against termination during sickness apply?

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In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection...more

Littler

Dutch Court Ruling Shows a Fight is a Two-Way Street

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The Dutch Court of Appeal recently addressed damages owed in a dismissal action where both the employer and employee acted with serious culpability. The question for the court was who was to blame for the termination of the...more

Littler

The Netherlands: Reassignment Obligation Does Not Require Job Creation

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Apart from summary dismissal situations, employers in the Netherlands can terminate an employment contract only if (i) they have reasonable grounds for doing so, and (ii) reassigning the employee within a reasonable timeframe...more

Littler

The Netherlands: Is the employee a managing director under the articles of association?

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A recurring discussion whenever there is a proposal to dismiss a managing director is whether they actually are a managing director under the articles of association (statutair bestuurder). This is an important question...more

Littler

The Netherlands: Is a new contract after dismissal during a probationary period allowed?

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A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance. In a recent case, the District Court of Midden-Nederland...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Regulations Enhance Rights of Fixed-Term Employees in the Netherlands

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Using fixed-term employment contracts has become more expensive for employers as a result of new regulations introduced in the Netherlands on January 1, 2020....more

Jones Day

Significant Changes to Dutch Employment Law Take Effect

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The Situation: Several changes to Dutch employment law took effect January 1, 2020, most notably those resulting from the Labor Market in Balance Act. The Result: Businesses in the Netherlands must be aware of and comply...more

Littler

Littler Global Guide - Netherlands - Q4 2019

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Employers Must End Dormant Employment - Precedential Decision by Judiciary or Regulatory Agency - On November 8, 2019, the Dutch Supreme Court issued a ruling on dormant employment relationships. The Supreme Court...more

Littler

Employers in the Netherlands Can Save on their UI Premiums by Changing Contract Types

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Starting January 1, 2020, the new Dutch Balanced Labor Market Act (Wet arbeidsmarkt in balans, WAB) will enter into force.  This new law seeks to encourage employers to offer their employees indefinite-term contracts—which...more

Hogan Lovells

An internship agreement or an employment contract?

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Interns and employees enjoy different legal protection. For example, an intern is neither protected against dismissal nor entitled to minimum wage....more

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