This article provides a timely overview of the latest developments in Dutch employment law, including key legislative consultations, significant case law, and upcoming changes affecting employers and employees alike.
Legislation
Stakeholders can now participate in consultations on several draft bills aimed at improving employment conditions:
- Act implementing the Pay Transparency Directive (EU) 2023/970 – Open for consultation until 7 May 2025, promoting equal pay for men and women.
- Strengthening the labor market infrastructure – Open until 29 April 2025, enhancing access to services for workers and job seekers.
- Mandatory code of conduct for undesirable behaviour – Open until 23 March 2025, requiring all employers with 10 or more employees to adopt a code of conduct.
- Limitation of transition fee compensation scheme – Open until 19 March 2025, applying only to small employers after dismissal due to long-term illness.
- Permit requirement for asbestos work – Open until 2 April 2025, requires firms involved in asbestos work to obtain a permit.
- Social affairs and employment act 2026 – Open until 17 March 2025, aimed at maintaining and optimising the existing legislation.
Case Law
Key recent rulings from the Supreme Court and CJEU include:
- Uber-case: The relevance of ‘external entrepreneurship’ is highlighted in defining employment contracts. A detailed examination of the worker’s behaviour may lead to different employment status conclusions.
- Pension contributions expiration: Clarified statutes of limitations for industry pension funds, ruling that claims for contributions are limited to five years.
- Gender equality in education agreements: Found a violation of gender discrimination in holiday entitlements linked to maternity leave within collective agreements in vocational education.
Other Developments
Other noteworthy updates include:
- End of the enforcement moratorium on false self-employment starting 1 January 2025, with initial soft landing measures implemented.
- Introduction of a simplified procedure for employment disputes in selected courts beginning 1 March 2025, aimed at assisting vulnerable employees.
- Amendments to the 30%-ruling for expats and other changes to employment-related legislation taking effect in 2025.
Why should I read this?
If you’re involved in Dutch employment law—whether you’re an employer, employee, or legal consultant—this article is a must-read. It sheds light on essential legal changes and consultations that could significantly affect your rights and obligations. We’ve done the legwork for you, so keep your finger on the pulse of these crucial updates without sifting through mountains of paperwork.