Employment rights in a recession

Reality check

The Netherlands' employment laws are widely considered favourable to employees in terms of legal protection. That doesn’t make it any easier when faced with the prospect of finding a new job, filling endless forms in a foreign language and, potentially, even relocating to another country. There is help at hand however, and with a little research you’ll find it’s available in many languages.

Speaking my language

If the recession has hit you directly, knowing how to access help in your language can maximise your chances of understanding the process. Dutch lawyer Ea Visser of Abeln Advocaten says that her firm has witnessed a recent influx of expatriates whose contracts have either been cut short or are in possible peril. As a company, they offer a wide array of services in English and French, including a free translation of the kantonrechtersformule, a document by which severance pay is determined.

Other information points:

• Ministry of Social Affairs and Employment for basic information in English

• UWV WERKbedrijf (former Center for Work and Income or CWI) for your rights to benefits. Website in Dutch only

• Juridisch Loket. A public organisation that offers subsidised legal aid

• Employment lawyers or legal advisors

Severence Pay

"Redundancy terms differ for Dutch and expats," says lawyer Ea Visser. "It’s therefore essential you find out if your employer has an expat policy in place. I’d seriously recommend you negotiate the terms of your severance pay, as several changes in status would need to be considered; you may incur moving costs, have to lease or sell your home or start up new contacts, which all take time and money”.

Also you may not be eligible for uitkering (job seeker’s allowance), which is another reason to negotiate terms with your employer.

In any case, it is not advised you sign a termination agreement until you have sought legal advice from an employment expert or lawyer. There is no obligation on part of the employer to factor in the cost of a lawyer in your package but it is very often part of the settlement.

In terms of compensation, entitlement will depend on the number of years you have been working in the Netherlands. The sum is usually calculated as one month for every year plus the notice period, up to the age of 40. Redundancy payments are taxed and the 30% ruling is not applicable, so you may want to consider receiving the payout in installments instead of as a lump sum.

Form filling

There are translation agencies that specialise in such matters. Juridsche Loket will be able to offer you legal aid but for free general advice, your local rechtswinkel (citizens advice bureau) is an excellent option. If you don’t have time to arrange appointments, you could also make use of the drop-in hours or spreekhuur, offered by Sociaal Raadsliedenwerk (SRW); this organisation provides free advice for socio-legal affairs. There also exists a service called formulierenbrigade, literally translated as the form-filling brigade, with a number of offices in and around Amsterdam.

Know your rights

Dutch law should apply to all expats, regardless of type of contract, and employers should provide assistance in the event of a termination. However, knowing your rights in advance can help prepare for any eventualities.

For more information

For your English-language job search, see Finding Employment and Recruitment Agencies.

Expatcenter Partners: Employment Law

• De Vreede Advocaten BV

• Noordam Advocatuur

• Pallas Attorneys at Law