Littler Global Guide - Netherlands - Q3 2023

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 2023 Global Guide Quarterly updates   Download full Q3 2023 Global Guide Quarterly

Future Pensions Law Enters into Force

New Legislation Enacted

Authors: Dennis Veldhuizen, Partner and Head of Employment, and Nienke Heijne Makkreel, – Clint | Littler

The Act on Future Pensions (Wet toekomst pensioenen in werking), which entered into force on July 1, 2023, introduced various changes, as follows:

  • The proceeds of investments can be used more quickly by pension providers to increase pensions.
  • Transparency of a participant's pension consisting of all the contributions made on behalf of that participant, plus the return that this money has earned.
  • The premium paid by workers at any age will benefit their own retirement. This system will be better suited because most people no longer work for one employer for decades.

End of the “Unrestricted Substitution” Model Agreement

Precedential Decision by Judiciary or Regulatory Agency

Authors: Dennis Veldhuizen, Partner and Head of Employment, and Nienke Heijne Makkreel, – Clint | Littler

On August 14, 2023, the Dutch Tax and Customs Administration announced that the model agreement “unrestricted substitution” would be repealed on January 1, 2024. Both the approval of general model agreements, as well as industry agreements and individual agreements based on unrestricted substitution will be withdrawn.

Senate Rejects New Proposal Concerning Remote Work Arrangements

Proposed Bill or Initiative

Authors: Dennis Veldhuizen, Partner and Head of Employment, and Nienke Heijne Makkreel, – Clint | Littler

The Senate rejected proposed bill “Act on working where you want” (Wet werken waar je wilt) on September 26, 2023. This bill would have ensured that requests for work from home or remote work arrangements would be treated similar to other requests concerning a change in working hours.

Increase of Statutory Minimum Wage

Important Action by Regulatory Agency

Authors: Dennis Veldhuizen, Partner and Head of Employment, and Nienke Heijne Makkreel, – Clint | Littler

The statutory minimum wage was increased by 3.13% on July 1, 2023. The minimum wage for employees who are 21 years old or older and work full-time is now EUR 1,995 per month, which is EUR 12.12 per hour.

Proposed Bill “Verzamelwet SZW 2024”

Proposed Bill or Initiative

Authors: Dennis Veldhuizen, Partner and Head of Employment, and Nienke Heijne Makkreel, – Clint | Littler

The Bill on Social Affairs and Employment 2024 (Verzamelwet SZW 2024), which was introduced on September 15, 2023, proposes to amend the labor and social security laws, as follows:

  • To report posted workers in the Netherlands: Eliminate the requirement to indicate the person who will be responsible for paying the employee’s salary.
  • To incorporate the commonly used “plus-minus-hour system” (plus-min-urensysteen) in the law, which is currently missing.

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.