Lavoro nei Paesi Bassi: contratti, diritti e licenziamento

You have an employment contract (arbeidsovereenkomst) in the Netherlands when you personally perform work for another party, under that party’s authority, in return for wages (Article 7:610 of the Dutch Civil Code, BW). If those three elements are present, all of Dutch employment law applies, including dismissal protection and continued pay during sickness, whatever the parties call the arrangement.

This guide explains when there is an employment contract, which contract types exist, what employees are entitled to, what employers must arrange, and how an employment contract can be ended. It is written for international employers hiring in the Netherlands and for employees who want to know where they stand.

Quando si configura un contratto di lavoro?

Article 7:610 BW sets three cumulative requirements: personal work, wages and a relationship of authority (gezagsverhouding). The courts look at all circumstances together, including how the parties actually behave, how the work is embedded in the business and whether the worker runs a real business risk.

This matters most when a business hires self-employed contractors. If the arrangement in practice meets the three requirements, there is an employment contract, with payroll tax, social security contributions, holiday entitlement and dismissal protection. The Dutch Tax and Customs Administration (Belastingdienst) ended its enforcement moratorium on false self-employment (schijnzelfstandigheid) on 1 January 2025. Reclassification can lead to back taxes and contributions and claims for back pay. See our overview of diritto del lavoro olandese.

Which contract types exist and how long can a fixed term last?

Dutch law distinguishes contracts for a fixed term (bepaalde tijd) and for an indefinite term (onbepaalde tijd). A contract can be concluded orally, but under Article 7:655 BW the employer must provide the essential terms in writing, the core items within one week of the start of work and the rest within one month.

Under the chain rule (ketenregeling) in Article 7:668a BW, a fixed-term contract becomes permanent when more than three fixed-term contracts have followed each other, or when the chain exceeds 36 months. Contracts count as consecutive if the gap between them is six months or less. A collective labour agreement (CAO) may deviate within statutory limits. The Act on more security for flexible workers (Wet meer zekerheid flexwerkers), adopted by the Senate on 7 July 2026, will change these rules; its main part is expected on 1 January 2028.

• Under Article 7:668 BW, the employer must inform the employee in writing at least one month before a fixed-term contract of six months or longer ends whether it will be continued, and on what terms. If it fails to do so, it owes compensation of up to one month’s salary.
• A fixed-term contract can only be terminated early if that was agreed in writing.
• Under Article 7:652 BW, a probationary period must be agreed in writing and is equal for both parties. It is not allowed in a contract of six months or less; it is at most one month for a contract longer than six months but shorter than two years, and at most two months for a contract of two years or longer or for an indefinite term.

Il nostro articolo sul contratto di lavoro a tempo determinato covers the chain rule in detail.

What about part-time, on-call and agency work?

Article 7:648 BW prohibits distinctions based on working hours, so part-time employees receive pay, holiday and pension pro rata and have the same dismissal protection. Under the Flexible Working Act (Wet flexibel werken), employees of an employer with ten or more staff can request a change in hours, working times or place of work; a change in hours or times can only be refused on weighty business grounds, a change in place of work must be considered seriously.

On-call workers must be called up at least four days in advance under Article 7:628a BW, and if the employer cancels within that period the employee keeps the right to pay for the hours called. After 12 months, the employer must offer a fixed number of hours at least equal to the average worked in the previous 12 months. See our article on the contratto a zero ore. In temporary agency work (uitzendwerk) the agency is the legal employer and the hirer directs the work; the sector has its own CAO, and a new admission system for agencies is being introduced.

What are employees entitled to?

The statutory minimum applies to every employee; a CAO or the individual contract can only improve on it. The core entitlements are:

• Pagare: the statutory minimum wage is an hourly wage, adjusted on 1 January and 1 July each year. The holiday allowance is at least 8% of the wage under Article 15 of the Minimum Wage and Minimum Holiday Allowance Act (WML).
• Vacanza: at least four times the weekly working hours per year (Article 7:634 BW). Statutory days lapse six months after the end of the year in which they were accrued, unless the employee could not reasonably take them (Article 7:640a BW).
• Malattia: at least 70% of wages for up to 104 weeks under Article 7:629 BW, with reintegration duties for both parties and a ban on termination during illness in the first two years (Article 7:670 BW).
• Orario di lavoro: the Working Hours Act (Arbeidstijdenwet) sets maximum hours and minimum rest periods.
• Partire: the Work and Care Act (Wet arbeid en zorg) provides pregnancy and maternity leave, birth leave for partners, paid parental leave and care leave.
• Equal treatment and privacy: the equal treatment acts prohibit discrimination, and monitoring and personnel files fall under the GDPR.

What must an employer arrange?

An employer hiring in the Netherlands has obligations that start before the first working day. It must establish the employee’s identity from an original identity document and check the right to work; employing a foreign national without the required permit leads to fines under the Foreign Nationals (Employment) Act (Wet arbeid vreemdelingen).

EU, EEA and Swiss nationals need no permit. Other nationals usually need a residence permit that allows work, for example as a highly skilled migrant through a sponsor recognised by the IND. See our pages on the permesso di lavoro and Legge olandese sull'immigrazione.

From the start, the employer withholds payroll tax and pays the employee insurance contributions to the Belastingdienst. Many sectors have a mandatory industry pension fund, and overlooking it can lead to years of back contributions. Under the Working Conditions Act (Arbeidsomstandighedenwet), the employer must carry out a risk inventory and evaluation (RI&E), arrange an occupational health service and appoint a prevention officer; the Netherlands Labour Authority (Nederlandse Arbeidsinspectie) supervises compliance.

Keep proper records of working hours, payslips, holiday balances and the personnel file. In a dismissal case the employer must prove the ground it relies on, and a file that only starts after the decision to dismiss is rarely enough.

Come si può rescindere un contratto di lavoro?

Dutch dismissal law is a closed system: the employer can only end a contract through a statutory route, and the reason determines the route. There is no dismissal at will.

• Consenso reciproco: a written settlement agreement (vaststellingsovereenkomst). Under Article 7:670b BW, the employee may revoke it without giving reasons within 14 days. See our page on the accordo transattivo.
• UWV permit: required for dismissal on business-economic grounds and after long-term incapacity for work.
• Dissolution by the subdistrict court (kantonrechter): required for personal grounds such as poor performance, a disrupted working relationship or culpable conduct.
• Periodo di prova: either party may end the contract at any time if a valid probationary period was agreed in writing.
• Licenziamento sommario (ontslag op staande voet): for an urgent cause, given immediately with the reason stated. It is a heavy measure and often fails in court.

Under Article 7:672(2) BW, the employer’s notice period is one month for employment of less than five years, two months for five to ten years, three months for ten to fifteen years and four months for fifteen years or more. The employee’s notice period is one month unless a different period was agreed in writing; if it is extended, the employer’s period must be at least twice as long.

When the contract ends at the employer’s initiative, the employee is in principle entitled to a transition payment (transitievergoeding) under Article 7:673 BW, also during the probationary period. It is one third of a monthly salary per year of service, capped in 2026 at €102,000 or one annual salary if that is higher. It is not due in case of seriously culpable conduct by the employee.

Which deadlines apply after dismissal?

The deadlines are short and strict. Under Article 7:686a(4) BW, a request to annul a notice of termination or to claim fair compensation must be filed with the subdistrict court within two months after the contract ends; a claim for the transition payment must be filed within three months. After summary dismissal, object in writing immediately and state that you remain available for work.

How do collective labour agreements and the works council work?

A collective labour agreement (CAO) is concluded between trade unions and an employer or employers’ organisation. The Minister of Social Affairs and Employment can declare a sector CAO generally binding, so that it also applies to non-members in that sector. A foreign employer should check this first, because a CAO can change pay scales, working time, notice periods and pension at a stroke.

Under the Works Councils Act (WOR), an employer with at least 50 employees must set up a works council (ondernemingsraad). The works council has an advisory right on major decisions such as a reorganisation (Article 25 WOR) and a consent right on personnel arrangements such as working time, appraisal, absence policy and monitoring (Article 27 WOR).

Che cosa dovresti verificare in qualità di datore di lavoro?

• Check whether a contractor in practice works under your authority, which makes the arrangement an employment contract under Article 7:610 BW.
• Provide the written information under Article 7:655 BW within one week and one month of the start.
• Track fixed-term chains and send the continuation notice one month before the end date.
• Check whether a generally binding CAO or a mandatory industry pension fund applies.
• Check the right to work of every non-EU employee before the first working day.
• Build a written file on performance issues before considering dismissal.

Che cosa dovresti controllare come dipendente?

• Check which CAO applies and whether your pay meets it and the statutory minimum wage.
• Check whether your probationary period is valid: in writing and allowed for your contract length.
• Keep your own record of hours worked and holiday balance.
• Do not sign a settlement agreement on the spot; you have 14 days to revoke it under Article 7:670b BW.
• Note the two-month deadline for challenging a dismissal and the three-month deadline for the transition payment.

What can we do for you with employment law?

avvocati del lavoro advise employers and employees throughout the employment relationship.

• We draft and review employment contracts, staff handbooks and contractor agreements.
• We assess whether a self-employed arrangement is in fact an employment contract.
• We review and negotiate settlement agreements and calculate the transition payment.
• We prepare UWV applications and dissolution requests, or the employee’s defence against them.
• We conduct proceedings before the subdistrict court within the statutory deadlines.

Sintesi

• An employment contract exists when there is personal work, wages and authority (Article 7:610 BW), whatever the label.
• The chain rule converts fixed-term contracts into a permanent contract after more than three contracts or 36 months.
• Employees are entitled to minimum wage, 8% holiday allowance, at least four weeks’ holiday and 70% pay for up to 104 weeks of sickness.
• Dismissal requires mutual consent, a UWV permit or a court decision; dismissal at will does not exist.
• Challenging a dismissal must be done within two months of the end of the contract.

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