The Netherlands: Dos and don’ts when working from home during COVID-19

As a result of government measures concerning the coronavirus, the majority of Dutch employees are working from home. In principle, the existing rules on working from home also apply during the COVID-19 crisis. Due to the exceptional circumstances that are currently forcing unprecedented numbers of employees to work from home, employers in the Netherlands should be aware of several important work-from-home rules.  Furnishing the workplace…

Netherlands: Recent sexual harassment case law in the wake of #MeToo

This article analyses how Dutch courts have dealt with dismissals for sexual harassment in the wake of the #MeToo movement and highlights some of the key points of employers to consider in dealing with a sexual harassment allegation. There has been a lot of public attention on unwanted sexual behaviour in the workplace after the emergence of the #MeToo movement in October 2017. Initially, the…

Netherlands: Employers to be compensated for termination

New Dutch rules will entitle employers to be reimbursed for transition payment made on terminating the employment of employees with a long-term illness meaning they cannot work. In the Netherlands, employees are, in principle, entitled to the so-called statutory ‘transition payment’ if their employment agreement of two or more years is terminated or not prolonged at the initiative of the employer. In July 2018, the…

The Netherlands – A look ahead to proposed employment law reforms

This article takes a look at employment law reforms planned in the Netherlands by the coalition government formed by Prime Minister Mark Rutte in October 2017. Deregulation of the Labour Relations Assessment Law (law applicable to contractor agreements) As of 1 May 2016, the law on Deregulation of Labour Relations Assessment (‘Wet DBA’) replaced the Employment Status Declaration (‘VAR’). This law is aimed at making…

Netherlands: #metoo? #becareful

The recent #metoo revelations have led to more discussion of sexual harassment. Of course, the situation in the workplace is part of this debate, because, unfortunately, unwelcome advances frequently take place there. These matters are often delicate, and a Dutch Court of Appeal ruling in The Hague last April only confirms that dealing with such accusations can be a tricky business. The central question in this…

Netherlands: New employment law regulations in 2017

Also the Netherlands have implemented or are planning to implement certain new employment law regulations in 2017. As part of our series “New regulations in 2017” our text below gives an overview on the most important changes with regards to flexible working time, data protection and many other topics. Flexible working Act: This Act allows employees greater flexibility in relation to working hours and working from…