The webinar covered several topics related to employment during the COVID-19 pandemic. Speakers Marleen Maas and Ralph Koks of SD Worx discussed (1) measures imposed by Dutch authorities including social distancing and business closures, (2) employers' obligations to continue paying wages, (3) available forms of leave for employees, (4) details of the Emergency Employment Bridging Fund subsidy program, and (5) issues around working from home, recruitment, dismissal, employee privacy and holidays. The webinar provided information to help employers navigate legal requirements during the pandemic.

1. Webinar for employers
Corona and employment
9 April 2020

2. Introduction

3. Your speakers today
3
Marleen Maas
Legal Consultant – Employment Law
E-mail: marleen.maas@sdworx.com
Phone: +31 76 523 1000
Ralph Koks
Legal Consultant – Employment and Privacy Law
E-mail: ralph.koks@sdworx.com
Phone: +31 76 523 1000

4. 1. What measures have been imposed by the Dutch authorities?
2. Should I continue to pay the wages of my employees?
3. What forms of leave are available for my employees?
4. What does the Emergency Employment Bridging Fund (NOW) entail?
5. What about working from home?
6. What is the best strategy to recruit new employees?
7. Can I dismiss employees because of the Corona virus?
8. What about the privacy of my employees?
9. How do I deal with holidays?
4
Topics

5. What measures have been
imposed by the Dutch
authorities?

6.  1.5 metres of distance (outside, in shops and at work)
 Unless same household
 Fines can be imposed
 Stay at home / work from home as much as possible
 More strict rules if you have symptoms / fever
 Bars, cafés, restaurants, contact-based work, closed until 28 April
 Schools and childcare closed until 28 April
 Unless crucial sector or critical process (emergency childcare)
 No travel restriction, but urgent advice
More information: https://www.government.nl/topics/coronavirus-covid-19/tackling-new-coronavirus-in-the-netherlands
6
Measures

7. Should I continue to pay the wages
of my employees?

8. 8
Payment of wages

9. What forms of leave are
available for my employees?

10.  Emergency and other short-term leave of absence
 Unforeseen circumstances, max. 1-2 days
 Short-term care leave
 Urgent care
 Max. 2x the working hours per week for each period of 12 consecutive months
 70% of the maximum daily salary
 Long-term care leave
 Care for person suffering from a life-threatening illness
 Max. 6x the working hours per week for each period of 12 consecutive months
 Without pay
10
Statutory forms of leave

11. What does the Emergency
Employment Bridging Fund
(NOW) entail?

12. 1. Short-term working arrangement (withdrawn at 17 March – 18.45h)
2. New arrangement: NOW (subsidy for wage costs, maximum 90% of payroll bill)
 ≥ 20% expected decrease in turnover over 3 months;
 obligation not to request redundancy for economic reasons for your employees from 18 March 2020 up to and
including 31 May 2020;
 obligation to keep the payroll bill the same as much as possible (pay employees 100%);
 subsidy for 3 months, possibility to extend for another 3 months;
 retroactive to 1 March 2020.
12
Emergency Employment Bridging Fund (NOW)

13. • 50% expected decrease in turnover;
• payroll bill of € 250,000 (January 2020)
• 50% x 90% x € 250,000 x 1,3 x 3 = € 438,750
• 80% advance payment > € 438,750 x 80% = € 351,000
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Example

14. 14
Information document
€ 585 ex. VAT,
including updates

15. What about working from home?

16.  Duty of care for employer (Working Conditions Act)
 Safe place to work (also at home)
 Provide information
 Home work agreement or policy
 Some advices
16
Working from home

17. What is the best strategy to
recruit new employees?

18.  Trial period
 Resolutive or suspensive conditions
 Some other things to consider
 Start at a later date
 Fixed-term contract instead of permanent contract
 Succession of fixed-term employment contracts
18
Recruitment of new employees

19. Can I dismiss employees
because of the Corona virus?

20.  Duty of notification towards the end of a fixed-term contract
 In time
 In writing
 Penalty of max. 1 month’s wages
 Dismissal for economic reasons
 End of the company's activities or structural (≥ 26 weeks) loss of jobs due to economic reasons;
 No possibilities for reassignment;
 No possibilities for NOW;
 Transition fee;
 Consequences for NOW.
20
Dismissal

21. What about the privacy of my
employees?

22.  Measure workers' body temperature or taking a test
 Monopoly of (occupational) physician
 Employees with symptoms > send them home
 Exception for care workers
 Processing of medical data
 Employee may not be required to inform employer that he has Corona / no obligation to tell
 Reason to involve occupational physician more quickly
 List of infected employees
 Communication towards colleagues
 Important role for occupational physician and Joint Health Service
22
Privacy of employees

23. How do I deal with holidays?

24.  Can an employer force an employee to take up holidays?
 Compensatory leave (ADV)
 Can employees withdraw approved holidays?
 Good employment practices
24
Holidays

25. Finally

26.  Information document about NOW, including future updates (€ 585 ex. VAT)
 Advice on all topics with regard to employment law, taxes, social security, pensions,
privacy law, etc.
 Quite a large database of documents
26
Assistance from SD Worx

27. 27
Contact details
Tax & Legal department - SD Worx Netherlands
+31 76 523 1000
www.sdworx.nl
taxandlegal_nl@sdworx.com

28. Thank you
SD Worx Netherlands
Tax & Legal department
Marleen Maas
Ralph Koks