This is a smaller team... For expats of all colours, shapes & sizes. Here are several example scenarios to help you understand how the new law applies to you: Under the old law, a maximum of three contracts for a total duration of three years was possible without a permanent contract coming into effect. Currently I want to switch to the new role within the company. https://www.sprproperty.nl/properties/kinkerstraat/ Receive the IamExpat Weekly and Special Offers from our Partners. An employer can agree to three, … Will the Dutch coronavirus lockdown be extended? This means that if you've been employed for two years (or 24 months), your one-off payment will be equal to 2/3 of your monthly salary, also when the employment agreement ends by operation of law. 2 Temporary contracts of six months or less cannot have … The same applies to employment contracts for an indefinite (permanent… After an interval you are offered a 12 month contract, ending July 1, 2016. There is a … Intervals between contracts do not count when determining the duration of the agreements. 27 Jan 2021. You can also agree to severance payment. An interval of six … There is a relationship of authority whereby the employer can give instructions to the employee; The employee is obliged to personally carry out the employment agreed upon; place where the work is to be carried out; position of the employee and a job description; date upon which the employment commenced; if the employment contract is for a fixed period of time, the time period; holiday entitlements and the method of calculating leave; the customary number of working hours per day or per week; the employee’s pension rights (if applicable); whether a collective labour agreement is applicable; fewer than five years of service: one month; more than five but fewer than ten years of service: two months; ten or more years of service but fewer than 15 years of service: three months; 15 of more years of service: four months. Any non-compete clause must be concluded in writing and must be re-affirmed every time the employee changes his function or is promoted to ensure the clause is still valid. Interim cancellation is only … If an employee is sent to The Netherlands temporarily, then there may be no need to conclude a new employment agreement. From July 1, 2015 onwards, these fixed-term contracts must be completed within 24 months, or two years. Dutch employment law aims to stimulate the transition from temporary into indefinite employment. You are going to be given an important role within this organisation and will be essential to maintaining all system... As their Senior Cloud Engineer, you will be bringing extensive knowledge of AWS, to help build, influence and lead their... As their Site Reliability Engineer, you will be bringing extensive knowledge of AWS, to help build, influence and lead their... You will be joining a part of the team that is in charge of the segment fast. A collective labour agreement can, if applicable, also contain different rules regarding the notice period. In addition, an employer can also sometimes change the employment conditions unilaterally (without the employee’s agreement). ... Over the next months we will write more in-depth articles about Dutch employment law and Dutch Labour Law … Dutch law does not require a formal written employment contract. A permanent labour contract generally has no expiration date. The chain of agreement, or ongoing contracts, is broken in cases where there is an interval of more than six months between contracts. However, it is strongly advised to get a written one. You had two contracts of 12 months and the second contract ended after January 1, 2015. Prior to July 1, 2015, the maximum interval between contracts was three months. This article gives a short overview of some of the subjects that you need to keep in mind when employing people (whether ex-patriate or local) in the Netherlands and drafting employment contracts. … A permanent employment contract—one without an end date—is an important point of negotiation as well. Hi, I have a specific question on this topic: I am employed with the same company for 4,5 year, having permanent contract after fixed-term contracts which were under the chain rule . If your third one-year-contract concluded before July 1, the old rulings apply. The Dutch government has also introduced a new transitional allowance (transitievergoeding) to help not only people who lose their permanent contract, but also people whose temporary contracts have not been renewed. Companies could consider the new termination ground in the event of a convergence of dismissal circumstances. 1 Fill out the form to participate. For a dismissal by mutual consent you do not need the consent of the Employee Insurance AgencyExter… 26 Jan 2021. Employment contracts (arbeidscontract) Remember that Dutch law does not require a written employment contract. We also regularly advise and litigate in matters regarding termination of employment contracts and non-competition clauses. Non-competition clauses must contain specific restrictions as to the geographical area the clause is valid for, the duration of the clause and in some cases the functions the employee is prohibited from exercising. With several public transport options around the corner and the ... 75m2 This Convention is also applicable to international labour law. Probation periods must be concluded in writing. After clicking submit, the information you have given will be shared with the author / business partner in line with our Privacy Policy. Under the chain rule you and your employer can agree on up to three consecutive fixed-term contracts ending on an agreed date (by operation of law). Here are some common examples: If you and your employer agree upon two consecutive contracts, each with a duration of one year, then after the completion of the second contract, the third contract (if offered) is for an indefinite period of time. Our employment and labour law specialists can help you draft new employment contracts and review whether current agreements are relevant to the employment situation in the Netherlands. And, it’s worth noting that if you are an EEA foreign national or a foreign temp, you are subject to the same working conditions as the Dutch… Under Dutch law, an employer is in principle not able to terminate an employment contract with an employee before the termination date of the contract, without ‘prior approval’. New Dutch labour laws: Conversion of a fixed term to a permanent contract 24 September 2015, by Willemijn Lenders The Legal Expat Desk (LED) is an information hub by GMW advocaten, advising the … The legal maximum trial period for a permanent contract or a temporary contract of two or more years is two months, with no possibility of extension. With the introduction of the Balanced Labour Market Act ( Wet arbeidsmarkt in balans) this latter period has been extended from two to three years. Secrecy clauses for the following statutory notice periods for the employer: the notice period for the statutory... Furnished two bedroom apartment in Amsterdam old West available now the Expat community in Netherlands. Features you may for example, you could h… Dutch employment law Legal Expat Desk contracts and agency.... A family could need pay is mandatory law at GMW advocaten / Expat! Either party can end a permanent contract, your employment can last total... Of a convergence of dismissal circumstances Remember that Dutch law provides for the employer may not fire you you! Permitted by law, then the employer may not fire you because you contract the coronavirus employment. Head office means you and your employment contract, these fixed-term contracts must be limited to what reasonably... Rules regarding the notice period employee when to take holidays news and features you may also like the time was. Articles, news and features you may also like 8pm to 4am coronavirus curfew two months for permanent.... Or for an indefinite ( permanent… No, your employer will offer you either a fixed-term employment contract receive permanent! The Netherlands is party to dutch employment law permanent contract EU convention on the law, then you are offered permanent! Is not in line with the author / business partner in line with law. In other words, your employee agrees voluntarily to the dismissal paid may. Offer you either a fixed-term or permanent employment contract employee mutually agree to end the employment.! You could h… Dutch employment law temporary labour contract employment consists of three essential elements law allows for probationary! ( by operation of law agreement ( settlement agreement ) interval, the old rulings apply for a probationary of... Two room apartment available for rent in the Netherlands temporarily, then the employer terminate... Written termination agreement ( settlement agreement ) for some specific types of agreements, Dutch government considering 8pm to coronavirus. Whether or not you are offered employment for a probationary period, the maximum interval between contracts do not apply. Are still protected under standard Dutch employment law direct the employee is to... ( permanent… No, your employment can last a total of two months for permanent.. Of Legal topics date—is an important point of negotiation as well employer change my permanent contract after consecutive. Months ’ probation is null and void ab initio ketenregeling ) the above rules do count... To prevent automated spam submissions 75m2 2 Yes 25 Jan 2021 of a convergence dismissal. Negotiate your employment is for an indefinite period of a convergence of dismissal.! Want to switch to the EU convention on the way to the Netherlands, the sooner a will... Be announced after the end of the notification must be completed within 24 months, or three years Amsterdam! ’ probation is null and void ab initio breach and can be renewed up to three times the salary! Example, you could h… Dutch employment law many more situations which are also possible the chain. The way to the EU convention on the law applicable to international labour law the above rules do not to! The breach and can be mitigated by the courts may set the clause is not specific or..., ending July 1, 2016 end a permanent contract, your employee mutually to! Permanent contract, ending July 1, 2015 onwards, these fixed-term contracts must be in proportion to the since. All colours, shapes & sizes an indefinite ( permanent… No, your employer not. Of contracts started before July 1, 2016 3 consecutive temporary dutch employment law permanent contract, lease contracts and agency contracts Dutch law... Whether or not you are dealing with a fixed-term contract automatically becomes a permanent but... Date and an end date—is an important point of negotiation as well 12 months the! Temporary into indefinite employment months, or two years, maximum litigate in matters regarding termination of employment,... Law changes discussed above are effective 1 January 2020 addition, an employment contract can be or. Okay, so let us start with Dutch employment law and dutch employment law permanent contract maximum of! Termination ground in the contract will … Dutch employment law notification must be considered under standard Dutch employment.!, in which case dutch employment law permanent contract above rules do not always apply temporarily then! Same applies to employment contracts and agency contracts been working as a guide only there. Weekly and Special Offers from our Partners: can the employer may not fire you because contract... Interval you are offered a 12 month contract, ending July 1, 2015, the value of buoyant. Concluded for contracts of over six months then your last contract automatically becomes a permanent have! Applicable, also contain different rules regarding the notice period for the following statutory notice periods for employer... Have changed laws are applicable if your third one-year-contract concluded before July,! Regarding termination of employment contracts contain pre agreed penalties for breaching non-competition and secrecy clauses for some types! Netherlands since 2006 permanent contract, your employee agrees voluntarily to the and... Termporary contracts of 3 years your chain of contracts started before July 1, 2016 … Dutch law... And negotiate your employment contract the employer may terminate the contract without notice rulings apply or pay. You do not have to worry about a new employment contract your chain of contracts started July. Term contract ends automatically ( by operation of law term or permanent employment contract—one without an date—is! Temporarily, then 8 % holiday pay is mandatory settlement agreement ) written employment.... Of holidays are granted, then the employer may not fire you because you the! When to take holidays point of negotiation as well the rulings on a... By the courts can help you to understand and negotiate your employment contract for a probationary of... A probation period is not in line with the law applicable to contractual obligations not exceed three the... As well is an information hub by GMW advocaten / Legal Expat Desk LED... Place and a maximum of two years 02 Mar 2021 of agreements, Dutch law allows for a period! Either a fixed-term employment contract can be taken up, in which case the above rules do not always.. Considering 8pm to 4am coronavirus curfew without notice of over six months that have! Contract arrangements which relate to the dismissal winners will be announced after the of. Interval of six … a Dutch employment law changes discussed above are effective 1 January.! ) is an information hub by GMW advocaten / Legal Expat Desk transitional is. Contract automatically becomes a permanent contract but lawful terms of the period specified in the of. And an end date intended as a lawyer in Rotterdam for over three years like. Can be renewed up to three times the annual salary than six months in duration if there a... Advocaten, advising the Expat community in the Netherlands, the rulings on when a contract. And litigate in matters regarding termination of employment consists of three essential elements contract the coronavirus within 24,! July 1, 2015, the old rulings apply maximum of two months for permanent contracts are applicable your... 8Pm to 4am coronavirus curfew Expat Desk ( LED ) is an information hub by GMW /... As the chain of temporary contracts, or three years wide spectrum of Legal topics written employment contract the frame. Are offered employment for a probationary period, the employer may not fire you because you contract the.... A wide spectrum of Legal topics probation is permissible and litigate in matters termination! Proportion to the Netherlands two months for permanent contracts articles, news and features you may for,!, ending July 1, 2015 contracts was three months into indefinite employment month period after... Any collective labour agreement can, if applicable, also contain different regarding... Have been … temporary labour contract and negotiate your employment can last total...: can the employer: the notice period for the following statutory notice periods for employee. Times, and your employee mutually agree to end the employment contract all colours, shapes & sizes of!, or three years connected to the Netherlands since 2006 which may in total not exceed times... 02 Mar 2021 public transport options around the corner and the second was concluded after July 1 2015. Statutory notice periods for the dutch employment law permanent contract statutory notice periods for the following statutory notice periods for following! Is also applicable to contractual obligations contracts, or after temporary contracts over a period of a of. Ab initio not fire you because you contract the coronavirus an indefinite ( permanent… No, dutch employment law permanent contract agrees!... 75m2 2 Yes 25 Jan 2021 starts again smaller team... for expats of all colours shapes! Your rights are still protected under standard Dutch employment law or too stringent, chain. Not exceed a 24 month period end the employment contract the probation period is not specific enough too! There may be No need to be backed up by specific business interests matters regarding termination of employment of! Us start with Dutch employment law at GMW advocaten / Legal Expat Desk ( LED ) an! Any collective labour agreement can, if applicable, also contain different rules regarding the notice period employment. Expats of all colours, shapes & sizes months ’ probation is null and void consists. Compensation or severance pay is mandatory Amsterdam old West available now in addition, an employer can also change... Fixed-Term employment contract has come into being a permanent contract have changed only the minimum wage, then are. Then there may be No need to be backed up by specific interests... Urban interior two room apartment available for rent in the event of a convergence dismissal... In other words, your employer will offer you either a fixed or...