Netherlands Labor Laws and HR Statutory Requirements
Maternity and Paternity Leave
Employees are entitled to at least 16 weeks of maternity leave. The leave can begin up to six weeks prior to the due date and continues for 10 weeks following birth. According to the Employee Insurance Agency (UWV) employees are entitled to full salary during this period, and employers may be eligible to apply for reimbursement.
Partners of employees are entitled to one week of leave, to be taken within four weeks after the birth. They may also take an added five weeks of leave at a reduced salary which must be taken within the first six months after birth.
Employees with children under the age of eight may also take up to 26 weeks of added parental leave, at reduced salary for the first nine weeks, and the remaining weeks unpaid. Employers can be reimbursed for most parental leave payments by applying through the Employee Insurance Agency (UWV).
Annual Leave Requirements
Employees are entitled to at least 4 times the number of working days that they work per week as annual leave (typically 20 days), or 4 times the number of hours worked per week. Leave days can be carried over but expires on July 1 of the following year. Any accrued holiday leave must be paid out at the time of termination.
In addition to time off for annual leave, Dutch regulations specify that employers must give employees a holiday allowance of at least 8% of their gross annual salary for the prior year. Most employers pay the holiday allowance once a year in May or June.
Retirement Requirements
The earliest current retirement age is 67 under the Old Age Pension (AOW). Depending on the applicable collective labor agreement or industry roles, supplemental pensions may also apply.
Employees that continue to work after reaching retirement age are subject to different labor laws and statutory requirements. More information can be found here.
Termination Requirements
Employers must give employees who have been in continuous service notice, depending on the length of the employee’s service. A shorter notice period is allowed only if agreed to by contract:
|
Length of Service |
Minimum Notice Period |
|
Less than five years |
One month |
|
Five to less than ten years |
Two months |
|
Ten to fourteen years |
Three months |
|
Fifteen years or more |
Four months |
Dutch law provides for a statutory severance pay (“transition payment”) upon termination as defined by the government. The payment amount is typically one third of gross monthly salary times the number of full years worked. See here for more information.
Sick Pay Requirements
Per Dutch employment law, employees generally may not be dismissed during the first two years of illness. During this period, Dutch law requires employers to pay sick pay of up to 70% of the employee’s salary to the employee types below:
Employees who can return to work after illness must be consulted based on the employers reintegration obligations.
Public and Bank Holidays
The Netherlands recognizes 10 or 11 public holidays each year; however, Dutch law generally does not require employers to provide these days off unless specified by employment contract or collective labor agreement.