Littler Global Guide - Netherlands - Q3 2022

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q3 2022 Global Guide Quarterly updates   Download full Q3 2022 Global Guide Quarterly

Minimum Wage Raised as of July 1, 2022

New Legislation Enacted

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

Per January and July of every year the statutory minimum wage gets adapted. As of July 1, 2022, the statutory minimum wage is €1,756.20 gross per month for fulltime working employees of 21 years or older. Whether fulltime is 36, 38 or 40 hours per week depends on the sector underpinning the employment relationship.

Falsifying COVID-19 Test Justifies Dismissal with Immediate Effect

Precedential Decision by Judiciary or Regulatory Agency

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

An employer dismissed an employee with immediate effect after discovering that the employee called in sick using a falsified positive COVID-19 test. The court considered that the falsification is criminalized and understood that it made the employer lose trust in the employee. As the employee’s conduct was extremely culpable, the dismissal with immediate effect was justified and the employee lost the right to severance payment.

Large Manufacturer Liable for Damage to Employees’ Health by Excessive Exposure to Substance

Precedential Decision by Judiciary or Regulatory Agency

Authors: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

Former employees of a manufacturing company claimed to have suffered miscarriages and stillbirths due to excessive exposure to a harmful solvent during their work. The court ruled that the company failed to sufficiently protect employees from exposure to dangerous amounts of the solvent between the years of 1964 and 2004. The court now must determine the extent of the health damage per employee.

Retailer Discriminates When Requiring Female Employees to Wear Make-up to Work

Precedential Decision by Judiciary or Regulatory Agency

Author: Eric van Dam, Partner, and Dennis Veldhuizen, Partner – Clint | Littler

Retailer requires female employees to wear make-up to work, while male employees are allowed to wear make-up but not required to do so. Since wearing make-up is only a small part of the activities for the company, the make-up requirement for female employees is not necessary and functional. The discrimination the requirement causes is therefore forbidden. Rulings of the College for Human Rights are not binding, but can be used to strengthen civil cases before the courts.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.