CDD regulados: Si

Remarks

Art. 7:668, Art. 7:668a and art. 7:667 CC.

Razones de utilización legítima de CDD: sin restricción

Número máximo de CDD consecutivos: 3

Remarks

Maximum 3 successive contracts concluded at intervals of less than 6 months: sec. 7:668a 1) b) CC.
This limitation does not apply to employment contracts concluded with teachers of vocational guidance courses, or concluded with persons under the age of 18, who do not work more than 12 hours per week.

Duración máxima acumulativa de CDD consecutivos: 24meses

Remarks

Applicable to successive contracts concluded at intervals of less than 6 months: sec. 7:668a 1) CC.
This limitation does not apply to employment contracts concluded with teachers of vocational guidance courses, or concluded with persons under the age of 18, who do not work more than 12 hours per week.

% de trabajadores bajo CDD: 2

Remarks

Source: Eurostat, as of second trimester 2015.
The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
Eurostat data are based on the following definition:
"A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Notas / Comentarios

Notas

In the Netherlands, as part of anti crisis measures, a new Act, which came into force in July 2010, temporarily extended the possibility to conclude fixed-term contracts with young workers up to 27 years The Act allowed for concluding a total of four, rather than three successive fixed-term employment contracts with regard to this group and for maximum duration of four years rather than three. The Act expired in January 2012. As a result, those specific rules for young workers are no longer applicable.

Duración maxima del periodo de prueba (en meses): 2 meses

Remarks

Sec. 7:652 (3), (4) and (5) CC.
Probationary period shall be, as a maximum, 2 months when the contract is of indefinite duration or concluded for more than 2 years, and 1 month if the employment contract is concluded for less than 2 years but more than 6 months. If the contract is concluded for less than 6 months no probationary period is possible.

Obligación de motivar el despido: Si

Remarks

Sec. 7:676 (2), 7:671a (6) CC.

Motivos autorizados (despido justificado): cualquiera justa causa

Remarks

Under Dutch law, t4 categories of dismissal are established:
1) Termination via a prior permit from the Employment Insurance Agency UWV WERKbedrijf (former CWI) or a tripartite committee established by collective agreement. (for economic redundancy reasons or based on long term invalidity/sickness of an employee)
2) Judicial rescission of the contract for other “reasonable grounds”, related to the employee’s conduct or capacity.
3) Termination for “urgent causes”.
4) Termination by mutual consent.

1) Dismissal via prior authorization from the UWV WERKbedrijf, sec. 7:671a (1) CC: the UWV will grant the permit if it considers the dismissal to be based on one of the “reasonable grounds” listed in sec. 7:669 (3) (a) or (b) CC, i.e. a special economic condition of the enterprise, which requires the termination of employees, based on a prognosis of the economic development of the enterprise for at least the next 26 weeks; or a repeated or ongoing absence of an employee from work due to a sickness (which must last for at least 2 years, with breaks of at most one month at a time, see sec. 7:670 1) a) CC).
Next to the UWV, the decision on the authorization of collective dismissals based on economic reasons can also be referred to a special committee, which has been established by a tripartite collective agreement, between the employer and worker representatives, approved by the competent administrative authority, sec. 7:671a (2) CC.
Furthermore, the DR lists several special circumstances under which an economic dismissal cannot be considered reasonable, see sec. 2 to 8 DR, e.g. if the employer outsources the work of the dismissed employees to external contractors, self-employed persons or person employed under FTCs.
A refusal to grant authorization for the termination by both the UWV or the tripartite committee can be appealed to the district court (Cantonal Court), sec. 7:671b (1) (b) CC.

2) Judicial rescission: " The employer can request the validation of a termination of an employee at the district court (Cantonal court) based on any of the “reasonable grounds” listed in sec. 7:669 (3) (c) – (h) CC (see sec. 7:671b (1) (a)). These are the worker's inability to perform his or her job, in case the employer has given the employee the opportunity to improve his or her work capacity; a serious refusal to follow instructions of the employer; any other serious misconduct of the employee OR any other comparable circumstances.(More detailed regulations on the determination if a specific ground based on which an employee was terminated was “reasonable” are contained in art. 2-8 of the DR)

3) The employer can at any time declare a summary dismissal. For a summary dismissal, important reasons are required. Such important reasons are those circumstances that warrant a termination of the employment with immediate effect for an "urgent cause”, sec. 7:677 CC. A non-exhaustive list of acts which amount to urgent cause is provided in sec. 7:678 CC. Such acts relate to the worker's conduct, i.e. acts of fraud or other grave misconduct.

4) A termination of an employee based on his or her written consent is always possible, however the employee is granted the right to withdraw any given consent within 14 days, sec. 7:670a (2) and (5), 7:671 (2) CC.

Motivos prohibidos: estado civil, embarazo, licencia de maternidad, presentación de una queja contra el empleador, enfermedad o accidente profesional temporal, raza, sexo, orientación sexual, religión, opinion política, nacionalidad, edad, afiliación sindical y actividades sindicales, discapacidad, cumplimiento del servicio militar o civil, denuncia/ alerta

Remarks

Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
- Equal Treatment Act (1994, as amended in 2015): sec. 1 and 5 1) f;
- Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
- Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
- Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

In addition, an employer is prohibited to give notice:

1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC) or unless the employee has refused to comply with reasonable instructions from a doctor or the employer or refused to perform suitable alternative work (sec. 7:670a CC);
2) when an employee who is fit to perform the agreed work is pregnant, during her/his maternity leave or paternity leave or the six weeks following the end of that period (sec.7:670 (2) CC) or when the employee is taking adoption leave (sec. 7:670 (7) CC).;
3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
4) to a member of a works council or any of its committees (sec. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, sec. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, sec. 7:671b (6) CC.;
5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, sec. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.

Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores que desempeñan servicio militar/servicio alternativo

Remarks

An employer is prohibited from giving notice:
1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
3) to a member of a works council or any of its committees (sec. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, sec. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, sec. 7:671b (6) CC.;
4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, sec. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.

Forma de la notificación del despido al trabajador: sin forma particular exigida

Remarks

No statutory provision found in the legislation reviewed.

Plazo de preaviso:

Remarks

Under Dutch law, an employer who intends to dismiss an employee can choose betweenhas to refer to either:
1) Termination for economic reasons or long-term sicknesses via a prior permit from the administrative authority UWV WERKbedrijf (former CWI), or termination based on other “reasonable grounds” with approval of the district court (Cantonal court)::
Once the permit has been obtained, the statutory minimum notice period to be respected depends on the worker's length of service, as follows (sec. 7:672 (2) CC):
* less than 5 years of service: 1 month;
* between 5 and less than 10 years: 2 months
* between 10 and less than 15 years: 3 months
* 15 years or more years: 4 months.

Note: If notice is given after a permit has been obtained, the notice period may be reduced by one month to compensate for the duration of the permit procedure, provided a minimum period of one month is observed (sec. 7:672 (4) CC).

OR

2) Termination of the contract for other “reasonable grounds” or "important reasons". In case of a rescission for “important reasons”, the decision is effective immediately and the employer is not bound by any statutory notice period: sec. 7:677(1) CC. (Note: this possibility is equally offered to an employee who wishes to terminate his contract)
Important reasons are those circumstances that would have warranted a termination of his employment with immediate effect for an 'urgent cause', see above. tenure ≥ 6 months

duración de servicio ≥ 6 meses:

  • Todos: 1 meses.
  • Todos: 0 meses.

duración de servicio ≥ 9 meses:

  • Todos: 1 meses.
  • Todos: 0 meses.

duración de servicio ≥ 2 años:

  • Todos: 1 meses.
  • Todos: 0 meses.

duración de servicio ≥ 4 años:

  • Todos: 1 meses.
  • Todos: 0 meses.

duración de servicio ≥ 5 años:

  • Todos: 2 meses.
  • Todos: 0 meses.

duración de servicio ≥ 10 años:

  • Todos: 3 meses.
  • Todos: 0 meses.

duración de servicio ≥ 20 años:

  • Todos: 4 meses.
  • Todos: 0 meses.

Indemnización sustitutiva de preaviso: Si

Remarks

If an employee is terminated before the notice period ends, the employer must pay him or her the wage he or she would have received until the end of the notice period, sec. 7:672 (10) CC. (The court can decide to lower this compensation payment, having regard to the principles of reasonableness and fairness, but cannot grant less than 2 monthly wages, sec. 7:672 (11) CC.)

Notificación a la administración: Si

Remarks

If an employer intends to dismiss an employee, (except in case of summary dismissal), he shall either first turn to the Court to obtain the judicial rescission of the contract, in case of dismissals based on the employee's conduct or capacity ( sec. 7:671a CC) or to an administrative body: the UWV WERKbedrijf (former CWI) (sec. 7:671a CC), in case of economic dismissals or dismissals based on long-term sicknesses.
On the procedure to be followed, see the sec. 7:671a and 7:671b CC.

Notificación a los representantes de los trabajadores: No

Aprobación de la administración publica o de organismos judiciales: Si

Remarks

Approval by the administration is required only if the employer has to turn to the UWV WERKbedrijf (former CWI) to obtain a dismissal permit (see above, sec. 7:671a CC). On the procedure to be followed, see Sec. 7:671a CC.
Alternatively he must turn to the Court to obtain the judicial rescission of the contract (see sec. 7:671b CC

Acuerdo de los representantes de los trabajadores: No

Definición de despido colectivo (número de empleados afectados): At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission or termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

Remarks

Sec. 3 (1) CRNA

Consultación previa con los sindicatos (representantes de los trabajadores): Si

Remarks

Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notificación a la administración: Si

Remarks

Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

See also sec. 7:671a CC: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.

Notificación a los representantes de los trabajadores: Si

Remarks

Sec. 3 & 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see sec. 25 Works Council Act).

Aprobación de la administración publica o de organismos judiciales: Si

Remarks

u2022Sec. 7:671a CC specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
On the procedural requirements: see also: sec. 7:671a CC (applicable to all economic dismissals and not only collective dismissals).
The UWV WERKbedrifj has toexamine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). In the event the employer did not comply with the obligation to report or consult, an employee is able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase. Otherwise, instead of being restored to his or her previous position, the employee can also request to receive an adequate compensation payment from the employer, sec. 7(3) CRNA.

Acuerdo de los representantes de los trabajadores: No

Remarks

The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): Si

Remarks

Sec. 1 DR, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...): Si

Remarks

According to sec. 7:669 (1) CC a termination of an employee is only permissible if a transfer of the employee to a different position is not possible within a reasonable time period and/or a retraining of the employee for a new position is not possible. (Detailed regulations on the determination of the availability of an appropriate position to which the employee could be transferred are contained in art. 9 and 10 of the DR. This law is applicable to any dismissal, not only collective ones.)
Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.

Reglas de prioridad para la re-contratación: Si

Remarks

Sec. 7:682 (4) CC, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notas / Comentarios

Notas

Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrifj did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrifj is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

Indemnización por despido:

Remarks

- An obligatory severance payment, called “transitional remuneration”, is regulated in sec. 7:673 CC
- Employees are eligible for the severance payment, when they have worked for the employer for at least 24 months and have been terminated by the employer, the employment relationship has been terminated on mutual consent at the employer’s initiative, a fixed term employment contract has not been renewed by the employer or when the employee has terminated the employment relationship due to misconduct of the employer.
- The payable amount must be 1/6 of the monthly wage of the employee for each 6-month period, which the employee has worked for the employer, plus ¼ of the monthly wage for each 6-month period worked above 10 years. Though, the severance pay can never be higher than 77,000 EUR, or one annual wage, if the annual wage is higher than 77,000 EUR. In enterprises with more than 25 employees, the severance pay for employees, who are 50 or older and who have worked for the employer for at least 10 years, must be equal to half their monthly wage for each 6 month period they have worked for the employer, sec. 7:673a CC.
- Under special circumstances, based on the principles of fairness and taking into account negligent conduct of either the employer or the employee prior to the termination, the court can decide to increase or lower the severance pay.
- A different entitlement to severance pay can be set by collective agreement (sec. 7:673b CC).

duración de servicio ≥ 6 meses: 0 meses

duración de servicio ≥ 9 meses: 0 meses

duración de servicio ≥ 1 año: 0 meses

duración de servicio ≥ 4 años: 1.3 meses

duración de servicio ≥ 5 años: 1.7 meses

duración de servicio ≥ 10 años: 3.3 meses

duración de servicio ≥ 20 años: 8.3 meses

Indemnización por despido por razones económicas:

Remarks

No specific redundancy payment. Severance pay covers economic (individual and collective) dismissals

duración de servicio ≥ 6 meses: 0 meses

duración de servicio ≥ 9 meses: 0 meses

duración de servicio ≥ 1 año: 0 meses

duración de servicio ≥ 2 años: 0.7 meses

duración de servicio ≥ 4 años: 1.3 meses

duración de servicio ≥ 5 años: 1.7 meses

duración de servicio ≥ 10 años: 3.3 meses

duración de servicio ≥ 20 años: 8.3 meses

Notas / Comentarios

Notas

- No statutory severance pay.
- No statutory redundancy payment but generally provided in social plans.
- In case of judicial termination, the Court may award a compensation payment applying a formula contained in the 1996 Recommendations issued by the Association of Dutch Sub district Courts:
* 1 month's wages per year of service for workers under the age of 40;
* 1.5 month's wages per year of service for workers between 40 and 50;
* 2 month's wages per year of service for workers over 50.
In addition, the judge may apply a correction factor that reflects the special circumstances of the case.
For example, if the termination of employment is "neutral" (e.g. due to redundancy), compensation will be multiplied by a factor one. However, if the termination can be attributed to the employer, the factor will be higher. If the termination is attributable to the employee, the correction factor will be less than one, or even close to zero if he/she has given reason for urgent cause.

Compensación por despido injustificado - libre determinación de la Corte: Si

Remarks

On compensation, see sec. 7:681 to 7:683 CC.
In case of an unfair termination of a fixed term contract, a fixed compensation, equal to the amount of pay, the employee would have received if the contract would have been terminated in a regular way, can be requested, sec. 7:677 (4) CC. However, the court can decide to lower this sum with regards to the principle of reasonableness and fairness, but must at least grant 3 monthly wages
An employee who has terminated an employment contract due to an “urgent causeu201d(see above) provoked by the employer may also be entitled to a compensation, sec. 7:677 CC.

Posibilidad de readmisión: Si

Remarks

Sec. 7:681 to 7:683 CC.

Conciliación previa obligatoria: No

Remarks

No statutory provision in the legislation reviewed.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks

No specialised court, ordinary courts have jurisdiction over labour disputes.

Arbitraje: No

Remarks

No statutory provision in the legislation reviewed.