Labor Laws

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

anniversary (wedding) 1
weddings (spouse or life partner who has signed a partnership agreement 2
partner giving birth 4
pregnancy Leave up to 18 weeks
close relative's wedding 1
death of partner or close relative 4
death of more distant relative 2
moving house 2
adopting a child in the Netherlands 1-5
adopting a child from abroad 1-31

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

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: ). 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

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: