When moving to a new country, there are a lot of things you may not think about at first โ even though they will greatly affect you. An example? The local employment laws.
Weโre sorry for coming at you with such Dutch directness, but itโs true: the intricacies of Dutch labour law arenโt always easy to wrap your head around (especially as non-Dutch-speaking expats like us ๐).
Thatโs why I asked the experts! From sick leave to dismissal and from obligations to rights โ I sat down with GMW lawyers to discuss the most important things to know as an international working in the Netherlands.
Meet the experts
Founded in 1989, GMW lawyers is a law firm based in The Hague offering various legal services.
I had the pleasure of meeting two of their best employment lawyers, Godelijn Boonman and Seliz Demirci, at their charming office to chat about Dutch labour law.
Having worked in employment law for more than 33 years, Godelijn tells me that she โprefer[s] working with internationals because it always brings me to another country.โ After all, โemployment law is employment law,โ she smiles, โbut itโs the people with whom I work that make all the difference.โ
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Seliz, who also specialises in employment law, agrees: โWorking with internationals is refreshing. Itโs nice to get an international perspective on how we do things here in the Netherlands.โ
Now, the question is: How do they do things here in the Netherlands? What do expats need to know? What should we be wary of? I asked all the questions; hereโs what Seliz and Godelijn had to say. ๐
So, what do internationals need to know about working in the Netherlands?
Naturally, working conditions, culture, and employment law vary greatly per country. Thatโs why itโs a great idea to read up on the local legislation before accepting a job abroad.
When it comes to the Netherlands, youโll be happy to hear that your working conditions will most likely be similar โ or better โ than those in your home country.
โOverall, we have a very strong protection of employees in the Netherlandsโ, says Godelijn โ โnot like in the US and the UK, for example. Internationals are usually happily surprised.โ
โ๏ธ In the Netherlands, your employer canโt fire you โjust becauseโ
Firstly, you should know that you canโt get fired just because your bossโs cat got sick in their bed that morning. Your boss needs to provide a solid case for why you should be let go.
โWhat makes a big difference in the Netherlands is our closed dismissal system,โ Seliz explains. โWe have nine legal grounds stipulated in law โ and an employer needs to stand on at least one of them (or a combination of them) to be able to let someone go.โ
Each of these legal grounds also comes with specific obligations for the employer. โFor example, if an employee underperforms, the employer has to give them a chance to improve.โ
โThat means you cannot fire someone just because you donโt like themโ, she tells us.
READ MORE | Divorces in the Netherlands: all you need to know
In general, employees in the Netherlands arenโt fired willy-nilly, and if you have a permanent contract and donโt agree with the dismissal proposed by your employer, then the only way you can be let go is in court.
The only exception to this rule is if you are a statutory director, in which case the shareholders can dismiss you without first going to court.
๐คง You can get sick pay for a very long time
Another important thing to know about your work rights in the Netherlands regards your right to sick leave (ziekteverlof in Dutch).
โThe internationals I speak to are always surprised by this,โ says Seliz.
Why? Well, in the Netherlands, your employer is obligated to pay you a whopping two years of sick leave if you fall ill and cannot do your job.
By law, your Dutch employer must continue paying at least 70% of your salary (of a maximum monthly wage, which is now โฌ 5,969 gross) โ and many employers even choose to pay the full amount during the first year of illness!
Dutch labour law is elaborate and complex โ but itโs good to know that, in most cases, the law is on the employeeโs side. ๐ Got any questions about Dutch law or a specific situation youโd like to discuss? Geen problem!
๐ฉโ๐ป Working from home is not a right in the Netherlands
Iโll be honest: For the longest time, I was convinced that the right to remote work was legally prescribed in the Netherlands โ but itโs not.
Yup, although the Netherlands is often dubbed the โWFH capital of Europeโ, and almost 75% of employees in the Netherlands work remotely at least some of the time, โit is not a legal right to work from home in the Netherlandsโ, says Godelijn.
That being said, thereโs no need to worry. Especially since the COVID-19 pandemic, most employers in the Netherlands allow their workers to work from home on at least a part-time basis.
Let op: working from home means working from home, as the lawyers tell me โ unfortunately, you canโt just bog off to Thailand for 8 months and work from there.
The Dutch government had previously proposed a โworking from anywhereโ law. However, this was rejected.
Good to know: If working from home is not the norm in your company, you can simply make a request to work remotely with your employer. This request must be made in writing two months ahead of time, and your employer can only reject it for valid business-related reasons.
๐ณ๐ฑ Cultural differences will affect you in the workplace
Itโs no myth that the Dutch are famously direct. โThatโs the first thing internationals have to be aware ofโ, Godelijn laughs. At the same time, Dutch work culture is very non-hierarchical.
In the workplace, this combination can be lethal โ or, well, it can end in conflict. Godelijn explains: โA lot of Dutch people need to learn that their jokes can harm people, even if they think itโs just a joke.โ
โA Dutch employer once called me about a joke that was made on the work floor. A person had made fun of an Asian employee for not being able to pronounce the English โrโ-sound.โ
She adds: โThe Dutch person just didnโt understand how that was a problem. To him, it was โjust a jokeโ.โ Thatโs how cultures can clash and situations can get sticky.
Seliz agrees: โInternationals often say that Dutch people make a lot of silly jokes. We want to keep things gezellig โ but in other countries, jokes arenโt made that freely, especially not at workโ.
At the same time, Seliz and Godelijn agree that โinternationals can sometimes be a little sensitive.โ
โYes, sometimes things should be done differently,โ Godelijn says, โbut a lot of the time, itโs not as serious as internationals make it out to be. Both sides need to adjust to each other.โ
Did you know: Conflicts like these donโt always require a legal battle. Instead, it may be a good option to talk to a mediator or to make an internal complaint. โMy tip for internationals,โ says Seliz: โalways communicate openly with your employerโ.
๐ If your one-year contract doesnโt get extended, your employee rights are limited
Although, in most ways, the Netherlands is a true haven when it comes to employment law, one big issue still affects many international people in the Netherlands: temporary contracts.
Especially for internationals who have moved their whole life to a different country, not knowing for how long they will be employed can be a very stressful situation.
But why are temporary contracts such a big thing here?
โItโs probably because of the many employee-friendly clauses in Dutch employment lawโ, Godelijn thinks. โBecause employees are protected in such a high way, employers are often wary when starting with new employees.โ
She explains: โLegally, companies can offer three one-year contracts before someone has to be given a permanent contract, but decent employers usually donโt wait out the three years. They should do one year and then move onto the permanent contract.โ
The bad news? If a one-year contract runs out, โthere are no legal obligations because the contract ends by operation of law.โ
That means there will be no severance pay other that the statutory one, which amounts to 1/3rd of a monthโs salary per worked year. Even if you are sick, your employer can simply let your contract run out.
What is your experience with the Dutch job market? Share your thoughts in the comments!