NETHERLANDS Law and Practice Contributed by: Inge de Laat, Tijmen Noordoven, Ilaha Muhseni and Laetitia Wezenbeek, Rutgers & Posch
6. Collective Relations 6.1 Unions
specific risks associated with remote work, such as increased mental pressure from combining work and private responsibilities. It is advisable to establish tar - geted policies to address psychosocial workload. 5.2 Sabbaticals Employees do not have a legal right to a sabbatical. This means that the right to a sabbatical must result from the arrangements made in the employment agreement, collective labour agreement and person - nel handbooks. Employees may choose to take unpaid leave – either full-time or part-time – after consulting with their employer. There are no statutory rules regarding the duration of a sabbatical. However, as unpaid leave is not a legal entitlement, employers are permitted to deny such a request. Since there is no legal framework for sabbaticals, employers and employees are free to make their own arrangements. It is advisable to record these in writing. Such agreements may include the following aspects: • conditions that the employee must meet before they may be entitled to a leave; • the duration of the leave; • the position the employee will return to afterwards; • the employment conditions that will apply during the leave, such as the use of a company car, laptop or phone; and • the arrangements in case of illness during the sabbatical – generally, there is no entitlement to continued salary payments unless explicitly agreed otherwise. Employers may choose to formalise these agree - ments in a sabbatical policy, though this is not legally required. 5.3 Other New Manifestations There have been no new developments or implemen - tations in “new work”.
Trade unions play a vital role in representing the inter - ests of individual employees and employee groups. Their primary task is to advocate for the collective interests of workers within specific sectors or indus - tries. Trade unions negotiate with large employers, employers’ organisations or other trade unions regard - ing employment terms, resulting in the conclusion of collective labour agreements. These agreements can apply to a single company or to an entire industry. In addition, trade unions provide support in draft - ing redundancy schemes and offer advice on forced redundancies within organisations. Moreover, through collective labour agreements, they can deviate from certain statutory employment law provisions. 6.2 Employee Representative Bodies Works Council Companies with 50 or more employees are required to establish a works council composed of employ - ee-elected members. Companies with fewer than 50 employees may also be required to establish a works council in certain situations, for example when the requirement is stipulated in the collective labour agreement. Temporary agency workers who have been work - ing for the company for at least 24 months shall be counted as part of the company’s workforce. If this obligation is not met, any interested party, such as an employee or trade union, may initiate legal pro - ceedings to enforce the establishment of a works council. In general, employers await requests from the employees before establishing a works council. If such request is not made, it is not necessary to estab - lish a works council, even if the employer has more than 50 employees. There is no fine for not having a works council, provided that neither the employees nor any interested party has requested it.
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