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Expats better protected by Dutch employment law
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Ester de Vreede
Ester combines an extensive knowledge of employment law and immigration law, which proves to be an asset and of specific interest for highly skilled expats and companies that employ them. The employment section of her law firm focuses specifically on expat needs which may deviate from the standard needs of an employee, for instance with fringe benefits, special expat clauses in employment contracts and termination procedures.Ester has worked for the Dutch government and as an attorney at a large international law firm, where she was responsible for the immigration law section. She is a visiting lecturer at the Free University of Amsterdam and advises the government on matters of immigration policy.Read more

Expats better protected by Dutch employment law

Paid partnership
Apr 25, 2012
Paid partnership

Expats may become eligible for most of the same protective rules and regulations that apply to Dutch employees, if their position is similar.

In order to establish which additional protections an expat may have, it is important to know how the law protects Dutch employees.

In general, Dutch employment law is based on a premise of inequality of arms between an employer and an employee, which warrants compensation of this inequality by law.

The scope of protective measures exceeds the framework of this article, but this includes protection against (unfair) dismissal, during illness and working place conditions.

Arguably the most important for expats is the increasing protection against termination of employment - or the secondment agreement without application of Dutch employment law.

According to Dutch employment law, an employment agreement is considered to be concluded for an unlimited period of time if more than 3 fixed term agreements have been concluded or a fixed term agreement is (tacitly) continued exceeding a period of more than 36 months.

If this is the case, the Dutch employment agreement can in general only be terminated by notice after obtaining a dismissal permit from the labour office (UWVWerkbedrijf) or by dissolution by the Cantonal Judge.

Often expats have got a different contract structure, but if the actual situation resembles the above outlined situation, protection by Dutch employment law may sometimes be enforced as if the expat were a "local employee."

For expats it is therefore increasingly important to take note that if they feel they are treated differently than their Dutch colleagues, or are being terminated from their jobs, to determine whether their protection is not greater than is apparent from their contract. Dutch employment law may apply even if this is not self evident from the contract.


Ester de Vreede specialises in employment law and immigration law. For inquiries comment below and / or visit her law firm De Vreede Advocaten.
 

By Ester de Vreede