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EMPLOYMENT

that allowed you to work, you no longer need a separate work permit. • Highly skilled migrants can also change their purpose of stay into “labour” after three years, which allows them to work without a work permit. • Apply for a new residence permit before the old one expires (the IND will notify you in advance) or else risk being ineligible for permanent residency. CONTRACTS AND EMPLOYMENT LAW • Employment laws in the Netherlands vary, and your personal contract will determine your pay and specific conditions. • Dutch legislation covers key areas such as trial periods, holidays, notice and dismissal, minimum wages, health and safety, and equal treatment. • In most cases the employer needs permission from the UWV WERKbedrijf or the court to fire you. • Useful information regarding working practices, employment law and the minimum wage can be found on the Ministry of Social Affairs and Employment website (www.szw.nl) or the UWV WERKbedrijf website (www.werk.nl). • If you want to check the market rate for your salary or calculate bruto/netto rates (before/after tax and social security deductions), try www.loonwijzer.nl. • It is standard practice to get extra wages as a “holiday allowance” plus four weeks of paid leave. • If you work in the Netherlands, Dutch law is partly and often fully applicable to your employment, even if the law of another country is declared applicable in your contract. • The number of succeeding employment contracts for a fixed term is limited to three; the total duration of fixed term contracts is limited to two years. • If the duration of the contracts or the number of fixed contracts exceeds the legal limit, it will automatically become a contract for an unlimited term.

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• If the contract is for less than two years, the trial period cannot be longer than one month. The maximum duration of a trial period is two months. Trial periods in contracts for less than 6 months are invalid. • During the trial period, both employer and employee can terminate the contract with immediate effect. The notice period for the employee is usually one month. • Employment contracts for an unlimited term can only be terminated by the employer with consent of the employee, the labour office (UWV WERKbedrijf) or the Court. • If an employer gives notice of termination without obtaining prior approval, the employee could nullify the termination. This rule is not applicable in the case of summary dismissal (such as fraud or theft by the employee). • Courts are very reluctant about accepting summary dismissals; it is very important to contact an employment lawyer immediately if you are fired on the spot. • The legal minimum number of holidays per year is four times the weekly working time. This means 20 holidays in the case of a fulltime employee working a five-day week. • It is common practice in the Netherlands for a fulltime employee to be entitled to approximately 25 holiday days per year in addition to Dutch public holidays. • By law, there is an expiration date of six months for taking the legal minimum number of holidays; employees must take all their holidays within six months after the year in which the holidays were accrued. Should the employee not take the holidays on time, the holidays will lapse without any compensation or payment. • The expiration date of six months is not applicable to the holidays that the employee is entitled to on top of the legal minimum number of holidays; these extra holidays will not lapse until after a period of five years.

WWW.EXPATFAIR.NL | THE NETHERLANDS | SURVIVAL GUIDE FOR INTERNATIONALS 2019

Expat Survival Guide 2019 – The Netherlands  

The Expat Survival Guide assists your first essential steps: finding a home and job, organising permits, setting up finances and healthcare,...

Expat Survival Guide 2019 – The Netherlands  

The Expat Survival Guide assists your first essential steps: finding a home and job, organising permits, setting up finances and healthcare,...

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