As of 1 August 2022, a number of new rights and prohibitions of termination for employment contracts will apply. By that date at the latest, Dutch legislation must comply with the European Directive on transparent and predictable employment conditions.
Bill before the Lower House
The Netherlands must have implemented the EU Directive in its own national legislation by 1 August 2022 at the latest. The bill for the Act on the Implementation of the EU Directive on transparent and predictable employment conditions is now before the Lower House. The EU Directive imposes additional obligations on employers and affects various employment conditions. The purpose of the Directive is to better protect employee rights.
Extension of employee rights
The EU Directive describes a number of additional rights and prohibitions of termination. The purpose of the prohibitions of termination is that you as an employer cannot terminate the employment contract if an employee invokes the new rights. These new rights include the study costs clause, the ancillary activities clause, the right to predictable work and the employer’s duty to provide information.
1. Prohibition of study costs clause for necessary training
It is no longer possible to agree on a study costs clause for study costs incurred for the necessary performance of the job (and which are prescribed by law or a Collective Labour Agreement). The relevant study or training programmes must be offered to the employee free of charge, and must, if possible, take place during working hours.
2. Restrictions on prohibition of ancillary activities
The ancillary activities clause is currently not regulated by law. In the new bill, a prohibition of ancillary activities is subject to significant restrictions. A prohibition of ancillary activities will no longer be legally valid. Exceptions will be limited and will only be allowed on the basis of objective reasons.
3. Request for predictable work
The employee may submit a written request for work with more predictable and secure employment conditions if the employee has been employed for at least 26 weeks at the time of the adjustment of the employment conditions. If you have 10 or more employees, you must respond to this request within one month; if you have fewer employees, within three months. If you do not respond in time in writing and with reasons, the employee may demand this.
4. Extension of duty to provide information
Additional information will have to be provided to employees about the possible outsourcing construction, about the possible probationary period, about the right to training and the provision of additional information about rules and procedures in the event of dismissal.
Please note! The bill must still be approved by the Lower and Upper House.
