Employment Agreements Netherlands

1.6 To what extent are terms and conditions of employment agreed in collective agreements? Does collective bargaining generally take place at company or industry level? An employee whose employment relationship is terminated by mutual dismissal or cancellation because he or she is unable to perform his or her work due to a workplace injury, occupational disease or the risk of such an illness, or if he or she has reached the maximum permissible exposure (for example. B, hazardous substances) in the workplace, is entitled to severance pay in the amount of at least 10 times his average monthly salary. Termination by the employee: A notice period of 30 or 60 days is required, depending on whether the employment contract was in force for up to 2 years or more. For fixed-term contracts: A notice period of 30 or 15 days is required, depending on whether the duration of the contract is at least 6 months or not. The Dutch Constitution guarantees the right to freedom of association and assembly. The only condition imposed on trade unions to participate in collective agreements is legal recognition and the objective of promoting the interests of their members and concluding collective agreements. In addition, the right to join a trade union and to conclude collective agreements is defined in various conventions of international organizations such as the International Labour Organization (ILO). During the probationary period, 14 days` notice is required. After the trial period, the minimum legal notice period for the termination of an employment contract is 1 month. The notice period is extended by 1 month for each 5 years of service, up to 10 years of service. If an employee is dismissed after at least 10 years of employment, the notice period must be at least 4 months if he or she is dismissed after the completion of the 50th birthday. the age of the employee, at least 5 months after the age of 55 and at least 6 months after the age of 60. The employer must notify the employee in advance if he unilaterally terminates an employment contract, unless otherwise provided by law.

The notice period must be as follows: Depending on the number of employment contracts to be terminated, prior authorization from the Ministry of Labour may be required. It should take 2 months. However, the department usually takes much longer. Four weeks` legal notice from the 15th or end of a calendar month; after 2 years of employment, 1 month from the end of a calendar month; with a sliding scale of up to 7 months` notice after 20 years of service. Not required for terminations due to very serious misconduct. The Act respecting labour standards requires a notice period of 10 days after 3 months to 1 year of employment, 20 days for employment of 1 to 3 years and 30 days for 3 years or more. If an employment contract provides for a longer notice period than that required by law, it is held against the employer, but not against the employee. Notification is not required in the event of very serious misconduct. Some Dutch employment contracts are subject to collective agreements (Collectieve Arbeidsovereenkomst, CAO). This means that your workplace or industry has an agreement with your union or representatives on the payment of wages, vacation rights, overtime, contract termination and more. For other categories of workers not covered by the Labour Code, the terms of each employment contract determine the applicable procedure and payment in the event of dismissal.

The LPA provides that an employer who terminates an employee`s employment relationship without cause attributable to the dismissed employee, as set out in the LPA, is required to pay the employee severance pay at the rate prescribed by the LPA as well as other payments due (p.B payment in lieu of notice and other accrued obligations). payment of unused annual leave or overtime pay). If no retirement age is set or if the specified retirement age exceeds 60, an employee who has reached the age of 60 may declare his or her intention to retire to an employer. This intention takes effect after 30 days from the date of the declaration. Retirement is considered a termination of employment, which requires the employer to pay severance pay to the retired employee, subject to years of service. 1.2 What types of workers are protected by labour law? How do different types of workers differ? 9.2 What is the procedure for employment-related complaints? Is arbitration mandatory before an appeal can be filed? Does an employee have to pay a fee to make a claim? Once you have signed the contract, you are officially in paid employment (loonie service). The European Union`s General Data Protection Regulation (GDPR), implemented in May 2018, significantly expands employees` rights and protection with respect to personal data (PII). Employers are required to provide their employees with information on the processing of personal data in a transparent, concise and comprehensible manner, easily accessible in plain language.

The data can only be processed lawfully if and to the extent that they correspond to the original purpose for which they were collected in the legitimate interest of the company or are necessary for the performance of the employment contract. Indeed, all personal data collected must be deleted as soon as they are no longer necessary for the initial use. .