The notice period of the employer must be at least two times longer than the notice period of the employee. In the case of permanent contracts, employers must observe a notice period before a contract is dissolved. This website uses cookies for site functionality, analytics, and to show YouTube videos. https://www.legalexpatdesk.nl/wp-content/uploads/2017/11/Hofvijver-flags.jpg, https://www.legalexpatdesk.nl/wp-content/uploads/2018/09/LED-weblogo-FIN.jpg, © Copyright - GMW lawyers 2018 Legal Expat Desk, contact one of our specialised employment lawyers. In addition, prolongation of on probation contracts must be done in writing. Godelijn has a keen interest in the international community and is a member of the advisory board of ACCESS . Given extraordinary circumstances, these may be mitigated by the court. Depending on your sector of work, if your collective labour agreement was entered into after the 1st of January, 2015, and is existing for more than 6 months but less than two years, then the maximum duration for a notice period can be increased from one to two months. send mail to the editor. If the probation period is not in line with the law, then any probation clause is deemed null and void ab initio. The rules regarding giving notice for fixed-term contracts do not apply to: If you fail to give notice on time, your employee is entitled to compensation. If the notice period for the employee to end a contract of employment is extended, the notice period for the employer should be double the notice period of the employee. She works for both companies and individual employees, enabling her to keep an open mind to both sides of a case. Both parties may agree as an exception that the notice period for the employee is longer than the legal period, but it cannot exceed six months. Dutch law governs some aspect of notice periods. However, with regards to some aspects of the law, your employer may be able to negotiate your notice period differently. In general, the statutory notice periods are applicable for termination of both permanent employment contracts and fixed term employment contracts. If the employer does not make his intentions clear at least one month before the contract expires, a legal penalty of a maximum of one month’s salary will be owed to the employee. A probationary period must be agreed upon and outlined in writing in the employment agreement. The amount of compensation (in Dutch) depends on both the type of contract and by how long you failed to give notice. Trial periods in an employment contract for fewer than six months are invalid. Any changes in your work or partnership status must be reported to the IND within four weeks. In the event a collective labour agreement is applicable, then the rights of the parties under a probationary period can change. A further question might be whether any claim would be against EA, her employer, rather than ABC and that EA should pay her and EA should chase ABC for the money. If you employ workers on a fixed-term contract of at least 6 months, you must inform them before the contract ends whether or not you intend to renew their contract. The standard notification period for employees is one month. Therefore you need to know about Dutch employment law. when the temporary contract is extended, with no other changes to the job role or the accompanying expectations. Contracts can be of fixed length (should include start and end dates), or indeterminate length (contract end with notice). You can manage your cookies consents at any time via our Privacy Policy, change your settings now, or accept all cookies. Since 1 July 2015, the duration of a permit procedure at the public employment office, or a court procedure, may be subtracted from the notice period on the condition that the notice period is not shorter than one month. If only the minimum amount of holidays are granted, then the employer may not direct the employee when to take holidays. That is the amount of time an employee must give an employer before leaving a position. If the employment contract has a term of six months or longer and the employment contract does not apply for a temporary employment contract, the employer must inform the employee in writing, no later than one month before the employment contract expires, whether he or she wishes to continue the employment contract and under which conditions. The sanction for non-compliance is liability for damages. Termination may, however, not be discriminatory. A collective labour agreement can, if applicable, also contain different rules regarding the notice period. It should state in your contract of employment whether a CAO is applicable. If you do not intend to renew the contract again, you do not have to explicitly state how long in advance notice needs to be given. Legal Expat Desk is an information hub powered by GMW lawyers. Contact one of our expat lawyers or send us your question online. This rule is not applicable in the case of summary dismissal (such as fraud or theft by the employee). The number of succeeding employment contracts for a fixed term is limited to three, but can also not exceed a limit of three years for the total duration of fixed-term contracts. The party who is given notice (usually the employee) has a right to know the reason for said notice. You may for example think that sending someone from head office means you do not have to worry about a new employment contract. In the case of an indefinite, or permanent, contract, the notice period is one month for the employee, unless the contract says differently. Non-competition clauses are, in principle, no longer allowed in temporary contracts. For contracts with a limited term which end because they expire, some employers find the notice period bothersome. A full-time employee is entitled to a minimum of 20 days paid holiday per year excluding public holidays, such as Christmas, Easter and Kings day. Some trial periods can be declared void, mainly where: The length of a probationary period is dependent on the overall duration of the employment agreement set between the parties. These must be in proportion to the breach and can be mitigated by the courts. You must have worked 26 out of the previous 36 weeks before the first day of terminating your contract of employment (or fewer for those not in regular employment), although benefits can be restricted if other benefits are in operation. Godelijn Boonman is considered to be the undoubted employment specialist for the expat community because she is bilingual, has a large international clientele and a wealth of experience in international employment law matters. If the contract is for fewer than two years, the trial period cannot be longer than one month. Subscribe to our newsletter to get news on doing business in The Netherlands: Registration of a company in the Netherlands, Shareholder of a company in the Netherlands, Piercing the corporate veil in the Netherlands, Liability of directors in the Netherlands, Liability of shareholders in the Netherlands, Non-competition under Dutch employment law, Termination of an agency agreement under Dutch law, Goodwill compensation under Dutch agency law, the duration of the contract does not exceed 6 months, when the nature of a contract is modified from a temporary agreement to a permanent one, without changes to the other terms of the contract. The contract ends on a fixed date. Employees can be penalised for failing to adhere to the notice period requirements, so here’s what you need to know. In 2000 she joined GMW lawyers as a partner and is the head of the Labour law and Pension section. A probation period is the initial trial run that many employees must complete when they are first hired. So an employee working in The Netherlands can claim extra protection from Dutch law if the law applicable to his employment contract offers less protection and the employee has sufficient grounds to claim that his normal place of employment (and domicile) is the Netherlands. Should the employee not take the holidays on time, the holidays will lapse without any compensation or payment. Trial periods. Temporary labour contract (tijdelijk contract) A temporary contract is for a specific period of time, such as six months or one year, with a pre-determined end date. An interval of six months between contracts, however, breaks the chain of consecutive temporary contracts. Non-competition clause. Any employment contract in the Netherlands must stipulate a notice period for ending the contract. As an employer considering or already doing business in the Netherlands, hiring staff is one of your top priorities. If the contract is for less than two years, the trial period is generally one month (unless agreed otherwise with the CAO, but the maximum is two months). Non-compete clause. During the probationary period, the employer may terminate the contract without notice. You should, however, inform your employee if you do not want to renew the contract. During the probationary period, the employer may terminate the contract without notice. When do rules for giving notice for fixed-term contracts not apply? Other matters pertaining to the notice periodIf one of the parties (almost always the employer, but the employee may also terminate for immediate reasons) does not abide by the periods mentioned in the law or in the collective agreement, they may have to pay damages. For fixed term contracts much stricter rules are in place and a maximum of one months’ probation is permissible. The Dutch labour law system for dismissal is particularly unusual, as it is very protective of employees. If this procedure is followed, the notice period for the employer must be double the notice period of the employee. If you, as an employee, leave your position before the notice period ends or if you do not give a proper notice period to your employer, your employer may be able to hold you liable for damages. Godelijn experienced an international upbringing and education as an expat child living in Africa and England. You must inform your employee in writing at least 1 month before his or her contract ends whether the contract will be renewed or not. In 2000 she joined GMW lawyers as a partner and is the head of the Labour law and Pension section. Godelijn specialises in international employment law and has extensive experience in dealing with both non-contentious and contentious international employment matters including (collective) redundancy packages and dismissal. As soon as a fourth fixed term contract is concluded or the contract exceeds 24 months, this contact is by law converted into a permanent employment contract. If you are applying to extend a residence or work permit, your circumstances will be assessed again in reference to the original application. There are also stricter rules for concluding a non-competition clause in termporary contracts. That is the amount of time an employee must give an employer before leaving a position. However, authorities generally agree that for the purpose of evidence, written notice is superior to oral notice, and that notice should be given by registered mail. Unfortunately you could be mistaken.
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