The Dutch labor law organises which rights and obligations employee and employer both have in an employment relationship. The Dutch law also provides certain minimum requirements of working conditions and salary. However, employee and employer can negotiate and arrange a lot themselves in the labor contract. Dutch labor law primarily exists to protect employees. With that Dutch labor law consists of certain mandatory law which cannot be deviated from to the detriment of the employee. If a collective labor agreement is applicable, these requirements are often better than the minimum requirements by Dutch law.
Obligations of the employer
As an employer you are obliged to create good working conditions for your employer. This also includes the guarantee of safety and well-being of your employees. These obligations derive from the Dutch Arbowet. The payment of salary, issuing payslips and an orderly payroll are also obligations to which the employer must adhere. Lastly, the employer must take care of its sick or incapacitated employees and must actively commit to reintegration of the employee.
Rights of the employer
An employer must also be able to stand up against a not properly functioning employee or be able to take measures in case of a conflict in the workplace. When an employee is not functioning well enough or has committed serious offence, the employer must be able to take action or even dismiss the employee. It is of great importance, however, to keep careful and secure records about functioning of employees and possible incidents in the workplace. A great burden of proof rests on the employer in cas you want to take any legal steps against an employee.
Furthermore, it is important that an employer has instruments to ensure compliance of the applicable company rules and regulation. The Dutch labor law has a preventive function by giving the employer the possibility to give employees official warnings and impose fines. Dismissal is mostly a last resort for the employer.
How can we be of service to you?
In case of a conflict about the functioning of an employee or when you want to take steps to dismiss your employee, it is best to take a labor law expert in hand. Especially because a great burden of evidence rests on the employer. When you want to draft a labor- or settlment agreement it would also be smart to consult a labor law expert.
At Arslan | Lit we have experts in all fields of labor law. From fighting a labor conflict to drafting or checking labor- and settlement agreements. Furthermore, we can provide consult with anything in the field of labor law.
We are specialised in the following fields of Dutch labor law:
- Labor dispute
- Illnes / Incapacity for work
- Rights and obligations of the employee in the event of a company takeover
- Employment contracts
- Transition payment
- Probation, fine and non-competing clause
- Settlement or termination agreement
For questions about what Arslan|Lit lawyers can do for you in regard to labor law cases, you can email us (firstname.lastname@example.org) or call us on 020 223 2466. You can also contact us via one of the social media channels that are listed on this page. We are happy to help you.