Netherlands
Works Council consent required for changing hybrid working policy (case law)
Impact date: 3 June 2025 The Court recently ruled on whether a works council has a right of consent regarding an employer’s decision to change the number of days employees may work from home. In its decision, the Court held that determining the number of weekly home-working days forms part of working conditions and therefore falls within Article 27(1) of the Dutch Works Councils Act. This means that changing the balance between office days and home-working days requires prior works council consent.
The Court emphasized that the fact that the original shift to full home-working arose during the COVID-19 period does not remove the requirement for consent. Even if the initial measure was introduced as a temporary response to government advice, the employer had subsequently maintained a structural hybrid model for an extended period. According to the Court, this created a stable arrangement that could not be altered unilaterally. A home-working or hybrid-working scheme significantly affects employees’ working conditions, including commuting time, flexibility in scheduling, the work–life balance and the nature of the working environment. Adjusting such an arrangement therefore constitutes a decision subject to the works council’s right of consent.
Employer implications/action needed Employers considering adjustments to hybrid working structures should assess whether such changes affect working conditions in a manner that triggers prior works council consent. Any shift in the number of mandatory office days is likely to fall within Article 27(1) of the Dutch Works Councils Act. Employers should carefully document their business rationale and ensure that communications with the works council do not inadvertently confer broader rights. Where hybrid working has operated for an extended period, it will generally be treated as an established arrangement requiring consent to amend.
Employer risk Implementing a hybrid-working policy without works council consent may result in the decision being void and therefore unenforceable. Employers may face legal proceedings and operational disruption if employees or the works council challenge the implementation.
Study costs clause for mandatory training declared null and void (case law)
Impact date: 26 September 2025 (date judgment was released) The Supreme Court ruled on 26 September 2025 that the Beroepsopleiding Advocatuur (the professional education to become a lawyer) and mandatory education fall under the employer’s statutory training obligation (Article 7:611a of the Dutch Civil Code) and the employer should therefore bear the costs of such training. Any clause requiring employees to (partially) reimburse costs for mandatory trainings, whether upon early termination or failure to complete the program, is null and void under Article 7:611a(4) of the Dutch Civil Code.
Employer implications/action needed Employers to note that study costs clauses that have been agreed upon with employees who follow mandatory training for the performance of their position will be considered null and void. For employees that are newly hired, it is not advisable to agree upon a study cost clause if this concerns mandatory training. Employers to note that the costs for mandatory training should be paid by the employer.
Employer risk Enforcing a study costs clause for mandatory training can lead to nullity and claims for unlawful deductions or repayment.
Increase of statutory minimum wage
Impact date: 1 January 2026 The minimum wage for employees aged 21 and over will be increased from €14.40 gross to €14.71 per hour, excluding the 8% statutory holiday allowance.
Employer implications/action needed Employers should ensure that their employees receive at least the statutory minimum wage and check whether salary levels required for certain exceptions (e.g. including holiday allowance in salary if salary equals 3x minimum wage) are still being met.
Employer risk Failing to pay the statutory minimum wage may result in wage claims from employees (including the statutory increase of 50%) and fines from the Labor Authority between €500 and €10,000 per employee. Additionally, this may have a negative effect on an employer’s reputation.
Increase of tax-free home working allowance
Impact date: 1 January 2026 The tax free home working allowance that can be offered to employees to cover costs related to working from home will be increased from €2.40 to €2.45 per day. Where an employer pays home working expenses at a rate which is higher than €2.45 per day, the excess amount will be considered as remuneration and will therefore be taxed.
Employer implications/action needed Employers should review whether their (template) employment agreements contain a reference to the statutory maximum tax-free allowance. If so, or if an applicable collective labor agreement states so, the maximum tax-free home working allowance must be increased to €2.45 per day.
Employer risk Failing to offer the higher home working allowance, if required to do so, could result in claims from employees..
Link N/A
Maximum statutory severance payment
Impact date: 1 January 2026 The cap on the statutory severance payment will not be further increased and will remain €98,000 gross. The exception which entitles employees to one annual salary if this amount exceeds €98,000 gross remains applicable.
Employer implications/action needed Employers should note that the maximum statutory severance payment payable in case of termination or non-renewal of the employment contract on the initiative of the employer will remain unchanged.
Employer risk N/A
Link N/A
Tax favorable early retirement schemes
Impact date: 1 January 2026 Severance payments paid to older employees generally qualify as an early retirement scheme. If this is the case, those severance payments are in principle subject to a 52% RVU tax fine (in Dutch: RVU heffing). The RVU tax fine is paid in addition to regular wage taxes on severance payments and is fully born by the employer. The employer does not have to pay the RVU tax fine if and to the extent the RVU Exemption applies. The RVU Exemption applies, if (i) the employee concerning has reached the age of 64 and (ii) if and to the extent the monthly severance payments do not exceed €2,273 (2025 figure).
The RVU Exemption rules will change as of 1 January 2026. Currently, until 31 December 2025, employees can receive severance payments under the RVU Exemption while simultaneously claiming state unemployment benefits (in Dutch: WW-uitkering). From 1 January 2026, this will no longer be permitted for employees covered by a collective labor agreement. Under the new rules, such employees may only benefit from the RVU Exemption if they do not apply for state unemployment benefits.
Employer implications/action needed Employers to note that there will be less incentive for older employees to agree to a termination of the employment agreement whilst receiving a severance payment. Employers and employees to consider agreeing to a termination of an employment agreement prior to 1 January 2026.
Employer risk Employers to note that it becomes more difficult to agree to a termination of an employment agreement of older employees.
Link N/A
Act on Assessment of Employment Relationships and Legal Presumption (Clarification) Act
Impact date: 1 July 2026 (expected) On 7 July 2025 the legislative proposal the Act on Assessment of Employment Relationships and Legal Presumption (Clarification) Act (VBAR) was submitted to the House of Representatives. The VBAR aims to clarify the distinction between employees and independent contractors, limit false self-employment, and legally anchor relevant case law. The VBAR proposal includes among other things:
- Clearer criteria to distinguish between employees and independent contractors
- A legal presumption of employment in certain cases
- Integration of relevant court rulings into statutory law
Employer implications/action needed Employers should be aware of the risk(s) of misclassification when entering into new relationships with independent contractors.
Employer risk Where an independent contractor is deemed to be an employee, the employer risks the Dutch Tax Authority retrospectively imposing tax obligations and fines. Additionally, claims can be submitted to claim “employee rights” for up to the five previous years.
Pay Transparency Directive
Impact date: 1 January 2027 (expected at this time)
The Dutch Government is currently working on new legislation to transpose the EU Pay Transparency Directive. The draft version of the legislation was published for consultation on 26 March 2025.
In summary, the draft legislation introduces the following obligations for employers:
- Employers should have wage structures in place which are based on objective and gender-neutral criteria
- Job applicants have the right to request and receive information from their (potential) future employer about the starting wage or its range. Employers are prohibited from asking applicants about their previous salary
- Employers should provide their employees with easy access to the criteria used to determine remuneration. Employers with 50 or more employees must also provide access to the criteria used for wage development
- Employees have the right to receive written information about their wage level and average wage level by gender for equal work
- Employers with 250+ employees should report annually on the wage gap. Employers with 100 to 249 employees should report every three years. Employers with less than 100 employees are not required to report
- If the wage report reveals an unjustified difference of at least 5% in the average wage of female and male employees performing equal (or equivalent) work, and this difference is not rectified within six months of submitting the report, employers are required to conduct a wage evaluation together with employee representatives
- Employers should determine what is meant by “equal employment” based on objective and gender-neutral criteria: skills, efforts, responsibilities and working conditions of employees
The Dutch Government intends to give the Works Council or Trade Unions (if involved) an important role in this process (including information and consent rights).
The Dutch Government has informally confirmed that the implementation of the EU Pay Transparency Directive will be delayed and is not expected before 1 January 2027. The government currently aims to submit the legislative proposal to Parliament in 2026. Furthermore, the Dutch government has confirmed that the reporting obligation for employers with 150 or more employees will first apply to the calendar year 2027 rather than 2026 due to the delayed implementation of the EU Pay Transparency Directive into Dutch law.
Employer implications/action needed If this proposed legislation is adopted, employers should ensure that they have an up to date wage structure in place which is based on objective and gender-neutral criteria, equal pay for equal work is promoted and, where necessary, justified. Employers should also report on the average pay differences within their organization as well as differences between different categories of employees performing equal work or work of equal value (provided that they meet the applicable thresholds).
Employer risk The specific penalties will be detailed in forthcoming subordinate regulations. In case of non-compliance with this new legislation, it is expected that employers risk individual court proceedings or proceedings at the Netherlands Institute for Human Rights. Additionally, the Labor Inspectorate may impose penalties.
Temporary agency workers
Impact date: 1 January 2027. The Dutch Labor Supply Authority (Nederlandse Autoriteit Uitleenmarkt) will open the admission process prior to that date and compliance will be enforced from 1 January 2028. On 15 April 2025, the House of Representatives adopted the Provision of Personnel Admission Act (Wet toelating terbeschikkingstelling van arbeidskrachten, "Wtta"). The Wtta aims to improve the position of temporary agency workers and is designed to combat abuses within the temporary employment agency sector, addressing issues such as underpayment of wages, excessive working hours, illegal employment, non-payment of taxes, and labor exploitation and to create a level playing field for temporary agency companies that make temporary agency workers available to other companies.
The Senate adopted the Wtta on 11 November 2025, marking the completion of the legislative process. Consequently ,the Wtta will enter into force as scheduled.
The Wtta introduces a mandatory admission system for all temporary agency companies (and other companies) making temporary agency workers available under the Placement of Personnel by Intermediaries Act (Wet allocatie arbeidskrachten door intermediairs, "Waadi"). Under the new regime, the temporary agency companies must apply for admission. Once admitted, the company is permitted to provide temporary workers for a period of four years.
To obtain admission, temporary agency companies must satisfy several key requirements:
- Registration in the Dutch Trade Register
- Submission of a Certificate of Conduct ("VOG") for legal entities, with a new VOG required upon any change in directors or other key personnel
- Payment of a financial security deposit of €100,000 to a designated administrator (starting temporary agency companies pay €50,000)
- Proof of compliance with a set of quality standards to be established under secondary legislation (i.e. correct payment of wages and taxes)
The Wtta also allows for an exemption procedure for companies that supply workers only on a very limited basis.
In addition, the Wtta strengthens the duty of care for hirers of temporary agency workers. Both end users and any intermediaries involved in re-hiring will be obliged to verify through a public register whether the temporary agency company is properly admitted. Failure to do so, and hiring through a non-admitted supplier, can result in (high) fines for all parties involved.
Employer implications/action needed As of 1 January 2027, temporary agency companies (or other companies that make temporary agency workers available) can start with the admission process. These companies must submit their applications before 1 July 2027. As of January 1, 2028, companies hiring temporary workers will be required to verify through the public register whether the staffing agencies they work with are authorized.
Employer risk In the event of a violation by either the temporary agency company or the hiring company, the Labor Inspectorate may impose an administrative fine of up to €90,000 per violation. The specific fine amounts will be further detailed in policy regulation. The Labor Inspectorate can also suspend or withdraw the authorization in the event of serious misconduct.
Flexible Workers (Increased Security) Act
Impact date: 1 January 2027 (expected at this time). The Flexible Workers (Increased Security) Act was submitted to the House of Representatives on 19 May 2025. Once in force, this Act will largely replace on-call contracts with “bandwidth contracts”, which are a new type of contract for a fixed or indefinite term, stating a minimum number of hours with a maximum of 130% of the minimum agreed working hours, for which employees will be scheduled and paid. There will be no obligation for employees to work outside the agreed working hours. An on-call contract will only be permitted for students, and for temporary agency workers only during the first 52 weeks.
The Act also proposes that the break between consecutive contracts that resets the maximum chain of fixed term employment agreements will be increased from six months to five years. This means that the last employment contract in the chain of contracts will be deemed an indefinite term contract if the aggregate duration is longer than three years, with breaks between contracts of five years or less included.
Employer implications/action needed If the legislative proposal is adopted, employers will need to replace all on-call contracts with bandwidth contracts (other than for students and seasonal workers) and employers are advised to keep records of fixed term employees for at least five years after the end of employment, to keep track of whether an employee can return on a temporary basis or only on the basis of an indefinite term employment contract.
Employer risk If the legislative proposal is adopted, employers will risk (wage) claims if the wrong contract is used. If employers do not take into account breaks between contracts of five years or less, they risk a fixed term contract converting to an indefinite term contract.
Compensation severance payment limited to small employers only
Impact date: Awaited (expected 1 July 2026) Currently, in the event of an employment contract being terminated due to long-term illness, all Dutch employers can request from the UWV (the Dutch Governmental body) a compensation payment equal to the statutory severance payment calculated until the day after the day on which the employee had been ill for 104 weeks.
Draft legislation has been published that limits this compensation to small employers only. Once this legislation has been adopted by the House of Representatives and the Senate, only employers who are classified as “small” by the Tax Authority will remain eligible for this compensation.
Employer implications/action needed Once in force, employers who are not classified as “small” by the Tax Authority will no longer be entitled to request compensation from the UWV where an employment contract is terminated due to long-term illness.
Non-competition clauses
Impact date: Awaited Draft legislation has been published which will significantly change the rules for using non-competition (and business relations) restrictions.
In summary, the changes include:
- Non-competition restrictions shall be limited in duration to maximum one year after termination of employment
- Non-competition clauses should include a geographical scope
- All employment contracts including a non-competition clause must state the justification to impose the restriction
- Employers shall invoke the non-competition clause at least one month before termination of the employment contract if they intend to enforce the clause
- Employers shall pay compensation equal to 50% of the most recently earned monthly salary for each month that the employee will be bound by the clause unless a higher compensation has been agreed
Employer implications/action needed Employers should continue to monitor the progress of the proposal. If it is adopted, employers will need to ensure that non-competition (and business relations) clauses concluded with employees are compliant with the new requirements.
Employer risk Once in force, in the event that non-competition (and business relations) clauses do not meet the new requirements, such restrictive covenants will be deemed invalid and will not be able to be invoked.
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