4 April 2017

Employment Contract Issues in the Netherlands

Category: Employment law

In employment contracts governed by Dutch law and subject to the Dutch Courts, contractual issues we typically advise upon are:

  • Breach of contract under Dutch Law
  • Wrongful dismissal (termination of contract by the employer without giving or paying the correct notice period)
  • Bonuses
  • Shares/Pensions/Carry arrangements
  • Post-termination restrictive covenants
  • Non-compete clauses
  • Team moves involving the Netherlands
  • Company Redundancy Payments

Statutory Claims with Dutch Employment Court

You may seek advice in relation to whether you can pursue a claim in the Employment Court in the Netherlands, because your employment has a connection with the Netherlands even if you are not based here. Statutory claims we typically advise upon are:

  • Unfair Dismissal in the Netherlands
  • Whistle-blowing (detrimental treatment/dismissal for disclosing illegal acts or malpractice by your employer or colleagues)
  • Discrimination (because of race, sex, disability, age, sexual orientation, religion/belief, marital status, gender reassignment)
  • Unlawful deductions from wages (which can include failure to pay salary or bonus).

International Employment advice in the Netherlands

These are some examples if issues we have dealt with for Dutch subsidiaries of foreign companies doing business in the Netherlands:

  • Negotiating severance package of a CEO based in Netherlands
  • Advising on a bonus claims where our client was based in the US but had a contract governed by Dutch law and jurisdiction
  • Advising on and negotiating the departure of a senior executive at a Dutch daughter company.
  • Advising on the exit of a senior executive where the employment contract and shareholder agreements in a Dutch Company, sale and purchase documentation and share option documentation were subject to Dutch law.