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 Q2 2017 Global Guide Quarterly updates

Public Servants (Normalization of Legal Status) Act

New Order or Decree

Author: Merel Goldschmidt, Attorney — Rutgers & Posch

As of January 1, 2020, public servants will have the same rights as ‘normal’ employees employed in the private sector. This is stated in the ‘Public Servants (Normalization of Legal Status) Act’. For public servants, private employment law will apply immediately as currently applicable for employees employed in the private sector. The Upper House (Eerste Kamer) approved the bill on November 8, 2016.

Proposal to Standardize Salaries of Top Public and Semi-Public Officials

Proposed Bill or Initiative

Author: Merel Goldschmidt, Attorney — Rutgers & Posch

Pursuant to the Public and Semi-public Sector Senior Officials (Standard Remuneration) Act (WNT), senior government officials’ salaries cannot exceed those of government ministers. The WNT applies to the salaries of senior officials (topfunctionarissen) of organizations in the semi-public sector, such as hospitals, schools and public broadcasters. A legislative proposal has been submitted (the so-called WNT III) to apply the Act to all employees working in the (semi-) public sector and not only to senior officials. The exact amount of salaries is set each year in the general WNT standard. For 2017, the maximum salary for senior officials is €181.000. Other key WNT regulations include: (1) separate arrangements exist for care institutions, educational institutions, cultural funds and housing associations; and (2) there is also a standard which applies to senior officials’ redundancy payments (this amounts to one year’s salary at most, up to a maximum of €75,000).

Legislative Proposal Addressing Pre-Pack

Proposed Bill or Initiative

Author: Merel Goldschmidt, Attorney — Rutgers & Posch

It was the intention to deal with a legislative proposal regarding pre-pack as a formality in the Upper House (Eerste Kamer) on April 4, 2017. During the parliamentary debate of the ,bill the Minister of Justice stated that a pre-pack does not trigger a transfer of undertaking since this is formally a matter of liquidation. However, the advocate-general of the ECJ is of the opinion, in reaction on the prejudicial questions asked by the Dutch court, that a pre-pack does not qualify as a liquidation proceeding with respect to "transfer of undertaking legislative." As a result of this opinion, the legislative proposal is removed from the agenda pending the court procedures in this respect.