Noordam Advocatuur - Arnoud Noordam: Dutch Employment & Dismissal Law

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These are the slides to Arnoud Noordam's presentation on "Dutch Employment & Dismissal Law" at Expatica's International Job Fair on Saturday, 5 April 2014. …

These are the slides to Arnoud Noordam's presentation on "Dutch Employment & Dismissal Law" at Expatica's International Job Fair on Saturday, 5 April 2014.

Noordam Advocatuur is a legal firm based in Amsterdam, providing legal advice and services in the fields of employment law and civil disputes. Noordam Advocatuur has extensive experience of advising and assisting expatriates in the following matters:
Redundancy proceedings and settlements
The review of employment contracts
Salary claims
Employee sickness issues

For English speakers and those unfamiliar with Dutch legislation, they offer a comprehensive explanation of Dutch law in the above fields.

Arnoud Noordam studied law and economics in Amsterdam. In 1991, he began his legal career with a large, international law firm. Four years later Arnoud started his own law firm. He gained his PhD in insolvency law at the VU university in Amsterdam in November 2007.

For further information, please go to www.noordamadvocatuur.nl.

More in: Law , Business
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Transcript

  • 1. Expatica International Job Fair April5th 2014 Dutch Employment & Dismissal Law pluschangestothelawin2014&2015 presentedby ArnoudNoordamPhD
  • 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 of time
  • 4. 3a. 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. 3b. Chain rule July 2015 Contract for an indefinite period of time (a) after 24 months, or (b) as of the commencementof the fourth fixed-term contract, unless there is a break of more than six months between successive contracts. • ExceptionsinCLApossible
  • 6. *Theprovisionsofacollectivelabouragreementmaydeviatefromthegivenmaximumprobationperiods. Duration of employment contract Maximum probation period * Indefinite contract 2 months Contract of 2 years or longer 2 months Contract less than 2 years 1 month Contract for the duration of a project 1 month 4. Probation period
  • 7. 5a. Contract clauses Clause Comments Holidays Minimum: 4 * weekly working days (4*5 = 20 days) Holiday pay 8% Salary Minimum € 1,485.60 (> 23 years; Jan 2014) 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?
  • 8. 5b. Contract clauses July 2014 (?) Contract New rules for contracts starting after July 2014 Short contract < 6 months No probation period Short contract > 6 months 1 month notice (otherwise 1 month extra salary) Contracts for a definite period of time No non-competition clause; in principle… On-call contracts Only permitted during first 6 months. Collective LA can allow longer period
  • 9. 6. Employee Protection • Sickness −2 yearscontinuedpayment:70% or more −Re-integration −Noterminationof employmentby giving notice duringfirst2 yearsofsickness • Dismissal
  • 10. 7a. Severance Pay A*B*C= €.... ? A= Numberofyearsof employment,weighted accordingtoage(<35,35-45,45-55,>55) B = Monthlyremuneration C = Blamefactor(inDutch:Correctiefactor)
  • 11. 7b. Severance Pay July 2015 • 1/3rd of monthly salary for each year of employment; ½ month salary if employment > 10 years • Maximum € 75,000 or 1 year salary (if higher) • Court can award higher severance if employer seriously culpable….
  • 12. 8. Questions….? ? ??
  • 13. Visit our website www.noordamadvocatuur.nl Call us on 020 – 6898 123 We are located at Oranje Nassaulaan 5 in AMSTERDAM