The employer is not obliged to provide financial compensation to the worker in exchange for guarantees. The employer must pay financial compensation if it wants to terminate the employment. The notice period for the employee is one month. It is possible to conclude a longer notice period for the employee, but in order to be valid, the employer must then respect a long notice period, i.e. agree to two months` notice, the employer must respect four months` notice, regardless of the length of the employee`s employment in the company. A collective agreement may also have different notice rules, if any. Often, employment contracts have pre-agreed penalties for breaches of non-competition clauses and confidentiality clauses. These must be proportionate to the offence and can be mitigated by the courts. Collective agreements contain redundancy provisions.

If no time limit is set, the law clause applies. The longer an employee is on duty, the longer the layoff. This ranges from one to four months` notice. In addition to the statutory notice of dismissal, certain categories of workers may be entitled to severance and severance pay. In addition, Dutch law provides for a general ban on dismissal. This prohibition requires an employer to obtain the written consent of an employee or the workers` insurance agency (UWV). With the agreement of the UWV, the employer obtains a redundancy authorization that allows the termination of the employment contract. The decision to terminate the employment contract is rendered undeve alright if it is patently unreasonable. These include situations in which there is no justification; Dismissal is based on “false recovery” or misrepresentation; and the consequences of dismissal are too serious for the worker or the employer has not given sufficient account to the disproportion between his interests and the negative consequences for the worker. The remedy of a successful right must be financial compensation corresponding to the nature and seriousness of the employer`s deficiency.

When a worker is temporarily posted to the Netherlands, there is no need for a new employment contract. Once a worker is considered (semi) permanent resident in the Netherlands, you must recognize that Dutch law is applicable at least in part to the employment contract. The OAC may include other agreements regarding the number of days off, payment and the amount of leave pay. The Dutch parliament has adopted the law on the reimbursement of transitional payments (WCT) in the face of the burden of a transitional payment after the maintenance of the salary for two years, and in an attempt to put an end to the phenomenon of the “sleeping employment contract”. Under the WCT, employers can ask the Dutch Workers` Insurance Agency (UWV) to reimburse transitional benefits paid to long-term disabled workers after two years. The rules for these claims are set out in the Transitional Payment Compensation Scheme (“CTPR”). As a result, companies in the Netherlands must be aware and comply with various new legislative developments, including changes to the right to terminate, transitional payments and fixed-term and appeal-related employment contracts. Most companies and organizations participate in a collective agreement (CAO). It is a written agreement between one or more employers and one or more unions on the working conditions of all workers, such as wages, payment of additional work, working time, probation, retirement, education and child care.