Dutch employment law applies to you, even if you have moved to the Netherlands with an expatriate employment contract governed by the law of your home country or if you are working for an international organisation.
Month: January 2018
What is a CAO (collective labour agreement)?
Most companies and organisations participate in a collectieve arbeidsovereenkomst – CAO (collective labour agreement). This is a written agreement between one or more employers and one or more trade unions about the labour conditions for all employees, such as wages, payment for extra work, working hours, probation period, pension, education and childcare.
The provisions in a CAO are often more favourable than those prescribed by law, but they may not contradict the law.
How do I know that my contract is in accordance with Dutch law?
The Netherlands has strict employment rules and it is important to check if your contract is in accordance with this law. When working in the Netherlands for a Dutch company, you have the same rights and obligations as Dutch employee, such as salary, holidays, paid sick leave and old age pension. You can find more information about this on the website of the government (Dutch only). An introduction to Dutch employment law can be found on the website of the municipality of Amsterdam
If you work for a foreign employer different rules apply. You can find more information on the website of the government (Dutch only).
We suggest to ask a lawyer to look at your employment contract before you sign it. You can also use the free legal services from Het Juridisch Loket for questions about your employment contract.
Which information is usually included in an employment contract?
You can find information about what should be included in an employment contract here
It is important to carefully check all the conditions of your employment contract before signing.
I want to know whether or not the employers in the Netherlands are obliged to pay a majority of the employee’s travel to work expenses, and if they’re not, is there a way I can claim it back in taxes?
It is not compulsory, but most companies in the Netherlands reimburse employee’s costs for commuting to work. In the collectieve arbeidsovereenkomst – CAO (collective labour agreement), company regulations or in your work contract, you can find the applicable rules.
If you take your own car or bicycle to work, your employer can reimburse a maximum amount per kilometre.These costs are not deductible from your income for tax purposes. You can find the actual amounts here (Dutch only)
Travel costs are tax deductible if you receive insufficient or no reimbursement from your employer under the following conditions:
- you use public transport to and from work with both addresses being in the Netherlands
- you travel more than 10 km. one way
- you have an openbaar vervoer verklaring – OV-verklaring (transportation provider declaration) or reisverklaring (from your employer) as proof that you have used public transport. Bear in mind that you should keep any paper/digital tickets that you have used to travel to and from work
If you have a personal OV chipkaart, you can find an overview of all your trips and the costs at the website of the OV chipcard. If you are unsure of what situation applies to you, visit the Belastingdienst (tax office) website for more information on where to apply for the openbaar vervoer verklaring or reisverklaring.
Please note that you cannot claim a deduction if the employer bought the tickets for you. If your travel expenses have partially been covered by your employer, you can only claim the part that has not been covered.
My residence permit has expired and my application to renew it has been rejected. Can I still get medical help here?
If you are living illegally in the Netherlands, you can get urgent medical help without paying. The doctor decides which help is urgent in each individual case.
What is a basic Dutch health insurance?
The basisverzekering (basic health insurance) covers general medical care such as visits to the huisarts (GP), hospital stays, most prescription medicine and various medical appliances. The coverage included in a basic health insurance is determined by the government. However, insurance companies can decide for themselves what to cover in the aanvullende verzekering (additional health insurance).
Some Dutch health insurance providers offer special health packages for students. Few companies offer special health insurance packages for students who don’t need to take out a Dutch health insurance are:
www.loonzorg.nl , www.aonstudentinsurance.com/students/en/ and www.oominsurance.com/to-the-netherlands/oom-studying-in-the-netherlands-insurance/
Do I need to take out a Dutch health insurance if I am studying?
Different rules apply depending on whether you are under the age of 30 or older.
Students under the age of 30
If you are a student under the age of 30 and you are in the Netherlands for study purposes only (and don’t have a part-time job or paid internship), you are not required to take out a Dutch health insurance. Keep in mind that everybody in the Netherlands must be insured for medical care expenses. Therefore, you will have to make alternative arrangements for healthcare insurance. See below some of the arrangements you may have to do in order to be insured:
- Stay insured for your medical care through a national health system in your home country. If this is the case, make sure this provides adequate coverage during your stay in the Netherlands. If you are from an EU/EEA country or Switzerland, you are probably eligible to receive a European Health Insurance Card (EHIC). This card provides coverage for necessary medical care costs while in the Netherlands. Check with your insurance company if that is an option. You can apply for the EHIC in your home country. More information is available on the European Commission website
- Take out a private insurance policy. There are private health insurance packages on the market especially for international students
If you have a paid internship and/or a part-time job next to your study, you are required to take out a basisverzekering (basic health insurance) with a Dutch health insurer. Some companies offering special health insurance packages for students who don’t need to take out a Dutch health insurance are :
www.loonzorg.nl , /www.aonstudentinsurance.com/students/en/ and /www.oominsurance.com/to-the-netherlands/oom-studying-in-the-netherlands-insurance/
Criteria for students aged 30 years or older
If you are 30 years of age or older, the following two criteria determine if you need to take out a Dutch healthcare insurance:
- If you are employed, you will need to take out Dutch public healthcare insurance
- If your stay is classified as a permanent stay, you will need to take out Dutch healthcare insurance
Your stay is classified as a permanent stay if your social, economic and legal base is in the Netherlands. This is generally considered to be the case if your stay lasts longer than one year.
Stays of less than one year are generally considered to be temporary. However, to assess whether your stay is permanent or temporary, the Social Security Office (Sociale Verzekeringbank – SVB) takes a range of factors into consideration. Circumstances that may lead to your stay in the Netherlands being classified as temporary include regular return visits to your home country (including holidays), having a partner in your home country and maintaining a residence in your home country. In other words, your particular situation will always be taken into account.
If you want to be sure where you stand, you can always submit your case to the SVB.
Are there different health insurance policies? And what is the difference?
All Dutch health insurance companies are restricting free choice of health care providers (doctors, physiotherapists, pharmacies, psychologists, hospitals and clinics), but some more than others. The implication is that when you go to a non-preferred provider, the insurance company will usually not reimburse the full cost. The reimbursement varies, depending on the company and particularly the health insurance polisvoorwaarden (policy).
There is only one kind of health care policy, the natura polis (in-kind policy). It will only allow you to go to providers that the company has contracted and they will pay your medical bills directly. If you decide to go to non-contracted providers, they will reimburse you for a (much) lower percentage and/or amount or you will not be reimbursed at all.
It is usual for all GPs to be contracted under the healthcare system (meaning that you can go to any huisarts (GP) and it will be covered by your insurance). That is not the case for all specialist care and paramedical services.
Is dental healthcare covered by the insurance?
Dental care is covered in the basisverzekering (basic healthcare insurance) for children under the age of 18. If you are 18 years or older, dental care can be covered by taking out a tandarts aanvullende verzekering (additional insurance dental care). The premium and coverage vary per health insurance company. In most cases, orthodontics are not covered.
Can I get additional coverage for my health insurance?
Not all health care is covered by the basic health insurance. You can opt for a aanvullende verzekering (additional health insurance) to cover physiotherapy, glasses, contact lenses, tandarts (dentist) or other services. Some insurances may also cover alternative medicine such as homeopathy and acupuncture. The coverage and premium differ per insurance company. On the website Home – SKGZ you can find an explanation of the Dutch health insurance system in English and several other languages.
Additional health insurance is not obligatory and you are not obliged to take out the basic health insurance and additional health insurance with the same insurance company. However, insurance companies sometimes charge extra administration costs if you want to take out an additional insurance without the basic insurance. Please note that health insurance companies are not obliged to accept everyone who applies for additional health insurance. An insurance company can refuse to accept you as a client or can ask you about your health before accepting you.
How will my children be insured?
Children under the age of 18 are always covered under their parent’s premium for the basic package and dental care. Parents must register their child with an insurance company within four months of its birth.
