Expats have to check if their contract is according to Dutch law. Important to know are the following arrangements:

• Also it is advisable to check if the contract is covered by a collective bargaining agreement (CAO) between the union and employer for which you are working. The CAO also expands on those rights and introduces more flexibility, allowing employees to choose an individual package from a range of benefits. Most lager companies have a CAO with their relevant union, and all those working these are covered, regardless of whether you are a member of the union or not.
• Collective agreements generally extend the statutory four-times the hours worked per week in paid holiday days for full-time workers (usually 20 days for full-time employees) to 27-28 days.
• In order to ease unemployment and create more jobs, some industries have accepted work weeks from 36-40 hours per week. For some companies that have 40-hour work weeks, an extra day's leave a month is added (ATV).
• The employment insurance may or may not include social security.
• Most paid holidays relate to Christian and Dutch public holidays but employers may recognize other religious / cultural holidays if requested.

Negotiable should be to give employees more 'personal choice' to pick secondary benefits, with more control over:

• saving up time off
• choosing to work longer or shorter hours
• overtime by employee consent only
• combining ATV days and other leave with vacations

Employees are also getting on the bandwagon. Under such scheme, employees can, for instance, buy or sell days off and invest the money in childcare, top-up pension contributions. From January 2006 according to the so called: "levensloopregeling" employees can save for extra days off or to retire earlier. Under this scheme you can save up to 12% of your wages tax free, as well as receive a tax break when you claim the money for use. Other benefits might include 13th month pay and sabbatical leave.

Illness provisions are generous but vary from business to business. The health insurance in the Netherlands knows only a basic healthcare since 2006. Some employers will pay if a former employee becomes ill within four months of leaving the company. There are also employers who refund holiday days to an employee who falls sick during vacation.

Social Security

Social Security in the Netherlands includes unemployment benefits (Werkeloosheidwet), contribution to health insurance and disability beneffits (Wet integratie arbeidsgeschiktheidt). The national insurance laws provide for old-age benefits (Algemene Ouderdomswet) and Child allowance (Algemene Kinderbijslagwet, see the website: www.svb.nl ). There are also social security benefits relating to bereavement, long-term illness and special leave requirements.

To access the social welfare system is not easy. New restrictions exclude from this system temporary workers, people on word or study exchanges, students, the self-employed and workers on a fixed-term contract cannot apply for social welfare. In general your are covered by the social security system if you hold a residence permit and, if required, your employer has obtained a valid work permit. Employee insurance schemes apply to people legally employed in the Netherlands and national insurance schemes apply to anyone with a Dutch residence permit.

If you are a salaried employee in the Netherlands, you are eligible for WW unemployment benefits only if you have a sufficient work and income history. Nor you get WW if you have been exempted by reason of your residence status. For this check with the Centre for Work and Income webpage. Your employer will pay the majority of your contributions for the employment insurance schemes.

Employers must pay 70% of your last wage if you are sick or injured. If you are permanently disabled or unable to work, you will receive 70% of the last wage you earned. If you are partially disabled or unable to work, you have the right for help to re-enter employment, and a top-up of your income equal to the percentage you are unable to work. If your inability tot work is less than 35%, you will remain in the employ of your employer. Everyone who has lived or worked in the Netherlands qualifies for an old-age pension. The amount depends on the number of years you lived or worked in the country. For each year of insurance, you are entitled to 2% of the full Algemene OuderdomsWet -pension.

Labor Dispute Resolutions - Mediation

In the event the partners decide to end the employment contract this can either be dissolved by court or terminated by the contract parties itself. When the split is amicable, the parties can hire a Doctor of Laws (LL.D.) to act as a neutral mediator to reach a settlement. Difficulties and disputes can be overcome when people discuss their problems openly and honestly.

Mediation is a way to solve a dispute by making a resolution with the assistance of a mediator. There are three key characteristics for mediation

• voluntary
• a conversation with no strings attached
• confidential

The participants agree to confidentiality before beginning. That means solely that any option mentioned in mediation can not be used in a legal procedure unless parties decide to put this resolution in an agreement. contract. At the beginning of the mediation parties and the mediator enter into a mediation agreement: an agreement to attempt to resolve the dispute by means of mediation. The informal and flexible mediation process commences after signing this mediation agreement. The mediator does not force an outcome on the parties. Rather people involved decide themselves how to work out their differences. The outcome is recorded in an agreement, which finalizes the mediation process.

Mediation is not suited for all parties. Mediation is less successful where:

1. Equality is missing between the parties and one of the parties cannot adequately represent itself or, alternatively, obtain legal assistance, or 2. Where there is a lack of interest in a future relationship between the parties, whereby one of the parties is either not interested in conciliation, wishes to employ delay tactics or wishes to set legal precedence or obtain an award on principal.

Requirements Mediation will work only if the following conditions are present:

• The parties must be willing to resolve the problem together
• The participants in the meetings must have authority to enter into a settlement agreement
• participants are aware of the fact that everyone is present on a voluntary basis
• participants will guarantee to each other the confidentiality
• For the work of a mediator it is needed to have a good working relation with the all participants of the mediation
• The communication between mediator and parties should be meticulous
• In mediation it is needed to have mutual trust, respect and open communication
• The parties will hand over all papers and official documents to the mediator and
• The parties accept that the mediator will investigate these papers as far he feels it is needed
• In divorce mediation it is needed to hand over all documents listed in according to Dutch Law
• Dutch certified mediators can in the Netherlands only work within the conditions of Dutch Law. According to the rules and instructions of the NMI the mediator is obliged to keep confidentiality unless his professional work will be subject of discussion

Advantages

• relations may meet improvement
• in an wise way completion of a relation
• avoiding unnecessary damages
• Empathy.nLaw has the capacity en time for a good meeting
• confidentiality are guaranteed
• resolutions will be put into legal contracts
• Empathy.nLaw knows the Law and translates it into sound words
• costs are limited and shared equally among participants
  • Empathy.nLaw has specialized LL.D.-mediators for divorce agreements, labor conflicts and harassment incidents.
  • Free request for intake new mediation