Noordam Advocatuur - Arnoud Noordam: Employment Law

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Noordam Advocatuur's Arnoud Noordam gave a presentation on "Dutch Employment & Dismissal Law" at Expatica's International Job Fair on Saturday, 14 September 2013.

Noordam Advocatuur's Arnoud Noordam gave a presentation on "Dutch Employment & Dismissal Law" at Expatica's International Job Fair on Saturday, 14 September 2013.

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  • 1. Expatica International Job Fair September14th 2013 Dutch Employment & Dismissal Law presented byArnoudNoordamPhD
  • 2. 1. Introduction * How it all started…….. * Fifteen years assisting expats * (a) Employment law; (b) Rental law; (c) Review house sale; (d) Insolvency law.
  • 3. 2. Types of contract 1st Temp contracts – Agency - ABU Collective Labour Agreement 2nd Flex Workers – 0 hours 3rd Definite period of time 4th Indefinite period
  • 4. 3. Chain rule Contract for an indefinite period of time (a) after 36 months, or (b) as of the commencement of the fourth fixed-term contract, unless there is a break of more than three months between successive contracts.
  • 5. 4. Probation period. Duration of employment contract Maximum probation period * 2 monthsIndefinite contract Contract of 2 years or longer 2 months Contract less than 2 years 1 month Contract for the duration of a project 1 month * The provisions of a collective labour agreement may deviate from the given maximum probation periods
  • 6. 5. Contract clauses Clause Comments Holidays Minimum: 4 * weekly working days (4*5 = 20 days) Holiday pay 8% Salary Minimum € 1.477,80 (> 23 years; July 2013) Employee notice period 1 month; sometimes more….. Employer notice period < 5 years: 1 month 10 – 15 years: 3 5 – 10 years: 2 > 15 years: 4 Non-competition Binding?
  • 7. 6. Employee Protection * Sickness - 2 years continued payment: 70% or more - Re-integration - No termination of employment by giving notice * Dismissal
  • 8. 7. Severance Pay A * B * C = € .... ? A = Number of years of employment, weighted according to age (< 35, 35-45, 45-55, >55) B = Monthly remuneration C = Blame factor (in Dutch: Correctie factor)
  • 9. 8. Questions….? ? ??
  • 10. Visit our website www.noordamadvocatuur.nl Call us on 020 – 6898 123 We are located at Oranje Nassaulaan 5 in AMSTERDAM