Employment contract

What is the difference between an employment contract of fixed term and of indefinite term?

An employment contract of fixed term ends by operation of law at the agreed-upon end-date, whilst an employment contract of indefinite term has to be actively ended. For more information concerning fixed term and indefinite term employment contracts, click here.

Has my contract of fixed term changed into a contract of indefinite term?

Dutch law has rules concerning the amount and total duration of employment contracts of fixed term. In principle, after either 3 contracts or 3 years, whichever comes first, your employment contract of fixed term will automatically convert into an employment contract of indefinite term. For more information, click here.

When does a collective labour agreement apply to me?

A collective labour agreement (in Dutch: cao) is an agreement between employer and employee organizations concerning employment conditions within a branch or company. A collective labour agreement may apply to your employment contract. To find out more concerning collective labour agreements and when and to whom they apply, click here.

What does it mean when my contract contains a probationary period?

A probationary period is a period during which both parties can terminate the employment contract with immediate effect. To learn more about the probationary period, click here.

Can my employer change the terms of my employment?

In principle, yes, but this is subject to strict rules. 

Ending the employment contract

How can my employment agreement be ended?

There are several ways for an employer to end your employment contract. You can find an overview here.

Can my employer terminate my employment contract?

That depends.

If you have an employment contract of fixed term and the contract does not contain a clause that the employment contract can be terminated during its course, your employer cannot terminate your employment contract.

For an employment contract of indefinite term or of fixed term containing a clause that states the employment contract can be terminated, Dutch law has strict rules concerning for what reasons and under what circumstances the employment can be terminated. For more information, click here.

Can my employer fire me with immediate effect?

Yes, however, there are strict rules concerning instant dismissal. For more information, click here.

My employer has offered me a settlement agreement (Dutch: VSO). Should I agree to the proposal?

This depends on your personal circumstances and the content of the offered settlement agreement. For more information on the subjects usually included in a settlement agreement, click here.

At Wessel van der Lans we regularly check and negotiate settlement agreements. For advice or questions concerning the settlement agreement, do not hesitate to contact us.

Am I entitled to a severance payment?

In principle, you are entitled to a severance payment if your employment is terminated or not continued by your employer. You are not owed a severance payment if you agree to a settlement agreement or fired with immediate effect (instant dismissal). For more information, click here.

Am I entitled to fair compensation?

Fair compensation is only granted in exceptional circumstances, namely if your employer’s behaviour or negligence is grossly culpable. For more information check out our blog on fair compensation.

Can I be held to my non-competition / business relation clause after termination?

That depends. A non-competition or business relation clause is not valid if:

• The clause is included in an employment contract of fixed term, without a written motivation explaining that such a clause is necessary due to important business interests;
• The clause has not been agreed upon in writing;
• The clause unfairly disadvantages the employee

Ending the employment contract

Can my employer terminate my employment contract?

That depends.

If you have an employment contract of fixed term and the contract does not contain a clause that the employment contract can be terminated during its course, your employer cannot terminate your employment contract.

For an employment contract of indefinite term or of fixed term containing a clause that states the employment contract can be terminated, Dutch law has strict rules concerning for what reasons and under what circumstances the employment can be terminated. 

What is the notice period?

The notice period is a period that has to be taken into account when terminating the employment contract.

Can my employer fire me with immediate effect?

Yes, however, there are strict rules concerning instant dismissal. For more information check out our blog on instant dismissal.

My employer has offered me a settlement agreement (Dutch: VSO). Should I agree to the proposal?

This depends on your personal circumstances and the content of the offered settlement agreement. For more information on the subjects usually included in a settlement agreement, check out our blog on the settlement agreement. 

At Wessel van der Lans we regularly check and negotiate settlement agreements. For advice or questions concerning the settlement agreement, do not hesitate to contact us.

Am I entitled to fair compensation?

Fair compensation is only owed in exceptional circumstances, namely if your employer’s behaviour or negligence is grossly culpable. For more information check out our blog on fair compensation.

Holidays

To how many holidays am I entitled?

You are at least entitled to statutory holidays. In hours, this is four times the amount of hours worked per week. For example, if you work 36 hours per week, you are entitled to 144 hours of holiday. This is a total of 4 weeks of holiday.

Your employer or a collective labour agreement can grant additional holidays in your employment contract.

Can my employer refuse my requested holidays?

In principle, you can decide when to take your holidays. Your employer can only refuse your requested holidays in writing and only for substantial reasons. Your employment contract, the collective labour agreement or the law can however determine a period during which you should take your holidays. 

Can I save up holidays?

You cannot save up statutory holidays. Statutory holidays have to be taken before the 1^st of July in the calendar year following the calendar year in which they were acquired. 

Additional holidays (holidays on top of your statutory holidays) can be saved up for five years. 

Can I go on holiday if I am sick?

In principle, yes. During your holiday you will have no obligation to reintegrate. If necessary, the company doctor can make a statement concerning whether he has medical objections against your planned holiday. 

Ilness

Am I sick?

You are sick if you cannot perform your duties fully, meaning that you are considered to be sick even if there is only a small part of your duties that you cannot execute. The company doctor will confirm whether you are sick or not. It is not up to the employer to determine whether you are sick. You do not have to inform your employer of the details surrounding your illness. These details can be discussed with the company doctor, who has medical confidentiality.  

Do I have to inform my employer of the reason for my illness?

No, you do not have to share medical information with your employer. Instead, medical information is discussed with the company doctor, who has medical confidentiality. 

Am I entitled to salary if I am sick?

In principle, yes. The employer is obligated to continue to pay your salary for two years of illness. However, there are of course exceptions. 

Can I go on holiday if I am sick?

In principle, yes. During your holiday you will not have to perform your reintegration duties. However, the company doctor may have medical objections against your planned holiday. 

Can I be fired if I am sick?

In principle, no. For more information, click here.

Can I be forced to reintegrate?

Yes, you are obligated to work towards your reintegration. If you do not, your employer may stop your salary payments or even resort to instant dismissal. Therefore, if you feel that you cannot perform the reintegration duties as requested by the employer or decided upon by the company doctor, you can request an expert opinion from the UWV or a second opinion from another (external) company doctor. 

Can I quit my job whilst I am sick?

Yes, but this is not advisable as you forgo your right to a severance payment and potential social security benefits when you terminate your employment or agree to a settlement agreement whilst sick.