NETHERLANDS Law and Practice Contributed by: Inge de Laat, Tijmen Noordoven, Ilaha Muhseni and Laetitia Wezenbeek, Rutgers & Posch
Parental Leave Employees caring for a child under eight years old have the right to parental leave, up to 26 times their weekly working hours. This leave is unpaid, and no vacation entitlement is accrued during this period. The right to parental leave ends when the child turns eight. Additionally, employees may take up to nine weeks of partially paid parental leave within the first year after their child’s birth, receiving 70% of their salary, up to a maximum daily amount (currently EUR297.82 gross). The remaining 17 weeks of parental leave remain unpaid. This applies equally to both parents, though partners must take their five days of birth leave separately. Sickness Leave Employers must continue to pay employees who are sick for up to two years. During this period, the employer pays 70% of the employee’s salary. In the first year, this amount cannot be lower than the mini - mum wage; this requirement does not apply in the second year. The 70% calculation excludes any sal - ary above the maximum daily wage. Many employees benefit from more favourable terms in contracts or collective labour agreements. Bereavement Leave On 12 July 2024, a bill that introduces bereavement leave was submitted. If this bill is passed, employ - ees are entitled to five days of paid leave in family situations involving minor children where one of the parents or a minor child has died. The bill has not yet been considered by the House of Representatives. It is therefore unclear whether the bill will be passed and, if so, when the bill will enter into force. Non-Disclosure Employees are expected to keep confidential infor - mation private and protect the employer’s reputation, even if no explicit agreement exists. Employment agreements may include a confidentiality clause to safeguard sensitive information about the company, its clients or market position. There are no specific legal formalities for such claus - es, but they must clearly specify what information is confidential. It is advisable to include a penalty clause
beyond this minimum are considered “non-statutory” and may be included in the employment agreement or collective labour agreement but are not mandatory by law. Statutory vacation days generally expire six months after the year they were earned, provided the employ - er has actively encouraged the employee to take the leave and informed them about the expiration date. If the employer fails to do so, these days will not expire. Non-statutory vacation days usually expire five years after the year they were accrued. The Dutch Supreme Court ruled that the employer’s obligation to inform the employee of the expiring vacation days also applies to non-statutory vacation days. Vacation dates are typically chosen by the employee. If business needs prevent approval of the requested period, the employer must inform the employee in writing within two weeks of the request. Without timely notice, the employee’s chosen period applies. In addition to vacation days, employees are entitled to receive a holiday allowance, generally 8% of their annual salary, as long as their salary does not exceed three times the minimum wage. However, in general all employees receive the holiday allowance over the salary they earned, even if that exceeds three times the minimum wage. Employees who are ill during the year continue to accrue their full vacation entitlement. Maternity and Birth Leave Female employees are entitled to at least 16 weeks of full paid maternity leave. During this time, the Employee Insurance Agency (UWV) pays 100% of the employee’s daily wage to the employer, up to a maximum daily amount (currently EUR297.82 gross). Partners are granted once the number of working hours per week of paid birth leave at 100% of the employee’s daily wage. Based on full-time employ - ment, this is five days of paid birth leave. These days may be taken immediately after the child’s birth but can also be spread over the first four weeks after the child’s birth.
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