To get information about additional education in your mother tongue, it is suggested that you contact your embassy. Please visit the website of the Dutch government for a list of embassies and consulates in the Netherlands.
Month: January 2018
What are the official public holidays in the Netherlands?
Whether you are free from work on public holidays depends on the agreements made between employers and employees in the CAO (collaborative labour agreement) or those in your employment contract.
The Netherlands has one national holiday:
- Koningsdag (King’s Birthday) on 27 April
In addition, there are a number of generally-observed public holidays:
- Nieuwjaarsdag (New Year’s Day)
- Tweede Paasdag (Easter Monday)
- Hemelvaartsdag (Ascension Day)
- Pinksteren (Whit Monday)
- Eerste Kerstdag (Christmas Day)
- Tweede Kerstdag (Boxing Day, also known as Second Christmas Day)
I have some legal issues with my employment contract. Where can I get a legal assistance?
As a first step it may be useful to contact a vertrouwenspersoon (confidential advisor) of the company you are working for and discuss your issues.
If this doesn’t help, you can seek information and advice at het Juridisch Loket (the legal advice office) free of charge. If they conclude that you need professional legal assistance, they may be able to give you some suggestions. Their website lists 30 offices throughout the country as well as contact details. It is possible to send an email by filling in the online form (form is in Dutch only). Sometimes contact by email is not possible. In this case, it is suggested to make a phone call.
It is also possible to go to one of the offices of the Landelijk Netwerk Gratis Inloopspreekuur Advocaten , a network of lawyers offering legal issues reviewed for free by a lawyer in their neighbourhood. After the initital review, regular fees apply. More information on https://www.inloopspreekuuradvocaat.nl/english/
It is good to know that individual labour disputes in the private sector are generally dealt with by a single court judge. Individual labour disputes in the public sector are regulated by administrative law and dealt with by an administrative court. Labour law is an intricate and complex field subject to changes. It is advisable to consult legal professionals when issues or disputes arise.
I am currently unemployed. Am I entitled to an unemployment benefits?
If you become unemployed due to no fault of your own, for example as a result of the termination of a contract for temporary employment or if you are made redundant, you are entitled to a WW-uitkering or werkloosheidsuitkering (unemployment benefit). These benefits are intended to be a temporary form of subsistence income whilst you search for new employment.
Government’s Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen – UWV) determines whether you are entitled to a benefit, the amount you will be paid and how long the payments will continue. The amount and duration of your benefit will be determined on the basis of your previous salary, your age at the time you became unemployed and your work history. When determining if you are eligible for a benefit, UWV will, amongst other things, check if you have become unemployed through your own fault.
Information on receiving unemployment benefits can be found by visiting the UWV website (in Dutch only):
www.uwv.nl/particulieren/werkloos/ik-word-werkloos/index.
What are the requirements to be eligible for unemployment benefits?
The WW (unemployment insurance act) insures employees and civil servants in the Netherlands who become unemployed. If you are eligible for the WW-uitkering (unemployment benefit), you will receive 75% of the wage most recently earned (up to a maximum) in the first two months, thereafter 70%. To be eligible for the unemployment benefit, you must be available for work and satisfy the following criteria:
- You are insured for unemployment. This is usually the case if you were an employee within a company or organisation operating in the Netherlands
- You are below the retirement age of 65 and above the age of 26
- Your working hours have been reduced by your employer by at least five working hours per week and you are no longer entitled to be paid for these lost working hours
- You are immediately available for paid work
- Before becoming unemployed, you have worked for at least 26 weeks during the past 36 weeks (if you are a citizen of a European Union state or European Economic Area country and you have worked for less than 26 weeks in the Netherlands, the UWV will take into account the time you have worked in your previous resident country over the applicable 36-week period)
- You are not receiving a sickness, incapacity (IVA) or disability (WAO) benefit that precludes you from working
For occupational groups such as artists, musicians and film employees, a lower requirement of employed weeks applies. The length of your entitlement to this benefit depends on your employment history.
What vacations am I entitled to in the Netherlands?
Every employee in the Netherlands is entitled to vacation with full pay. The right to vacation days is built up during the course of a year. The minimum number of vacation days to which you are entitled after one year is four times the agreed number of days you work each week (usually 4 x 5 = 20 days). If you have not yet been employed for one year by an employer, your vacation days will be calculated proportionately.
You will receive full pay during your vacation. In addition, you are entitled to a minimum vacation allowance. The vacation allowance is payable by your employer and is paid at least once a year (usually in May). Your employer must specify the amount of your vacation allowance on payment in your contract.. The vacation allowance amounts to a minimum 8% of your income in money (basic wage, bonuses and allowances).
The CAO (collaborative labour agreement) might include other agreements about the number of vacation days, the payment, and the amount of the vacation allowance.
Legal vacation entitlements can be saved up to six months. Any extra vacation entitlements (e.g. if you are entitled to more than the minimum number of vacation days) can be saved up to five years. It is also possible for an employee to exchange vacation days for money from the employer, but neither the employer nor the employee can force the other into such an arrangement.
What are my legal rights and obligations when I have a permanent employment contract?
The most important difference between a temporary and a permanent contract is that a permanent contract has no end date. This means there is no indication of any intention to limit the duration of the contract, such as “for the duration of the project”. Hence, and unlike temporary contracts, there is no mention of an end date in a permanent contract. Also the “term of notice” will be different for a permanent contract, since your legal position is different. The differences for terminating a permanent labour contract are explained below:
- A permanent employment contract can be ended by one of the parties. The legal terms of notice need to be respected.
- The rules are different for employers and employees. The employee has the legal right to end the contract without a procedure but he or she must respect the legal and agreed period, which is usually a minimum of one month’s notice.
- Both employer and employee have the right to go to court and ask to end the permanent labour contract.
Which possibilities are available for special leave?
Employees in the Netherlands are not only entitled to fully-paid vacation days, but also to several kinds of special leave such as:
- Emergency leave
- Parental leave
- Adoption leave
- Paternity leave
- Pregnancy and maternity leave
- Extraordinary leave
- Short-term compassionate leave
- Long-term compassionate leave
More information about special leave is available here.
What is the pension age in the Netherlands and who is entitled?
The Algemene Ouderdomswet – AOW is a basic state pension insurance scheme. Everyone who lives or works in the Netherlands is insured automatically, regardless of nationality. As a rule, everyone who has reached the pension age and lives or has lived in the Netherlands is entitled to an AOW pension. You will be paid a pension from the day you reach the pension age that applies for you. If you do not live in the Netherlands at that time, you may only get a part of your AOW, depending on the treaties between the Netherlands and the country where you live.
For every year that you are insured, you build up rights to 2% of the full AOW pension. If you have been insured for the full number of years (which is 50) you will get a full AOW pension. If you have lived or worked outside the Netherlands, you are likely to have been uninsured during certain periods and may get a lower pension as a result.
In 2021 the statutory retirement age is 66 years and 4 months. In 2022 it will increase to 66 years and 7 months; in 2023 to 66 years and 10 months; in 2024 to 67 years. As from 2025 the pension age will be linked to the average life expectancy and thus could be greater than 67. Five years before your retirement date, the pension age will be final. You can calculate your expected retirement date on https://www.svb.nl/en/aow-pension/aow-pension-age/your-aow-pension-age.
The AOW is not designed to be a standalone income for retirees in the Netherlands and should be supplemented by a company/occupational pension (labour-based pension) or private pension scheme, or both.
What are my legal rights and obligations when I have an on-call contract?
An oproepkracht (on-call employee) only comes to work when called upon to do so. The rules that apply depend on the type of contract. For instance, there are rules with on payment when no work is available, minimum hours guarantee or minimum wages for hours worked.
More information about on-call contracts is available here .
What are the rules for dismissal?
A temporary employment contract ends on an agreed date or during a trial period. In both cases, there is no dismissal procedure.
If you have a permanent contract, an employer must have good reasons to dismiss you when you have a permanent contract. More information about the rules for dismissal is available here .
What are my legal rights and obligations when I have a temporary employment contract?
A temporary contract has a start date and an end date. The contract will end on the agreed date, though the employer is required to inform you in writing if the contract will be renewed at least one month before the end date. We strongly advise you to ensure that you get a contract in writing, although a verbal agreement is also valid in the Netherlands. The employer is obliged to inform you in writing of the main items covered in the contract within one month after the start of the contract. Within legal limits, both employers and employees are free to decide what will be covered by the contract.
You can find more information about temporary contracts here
