The employment law in the Netherlands protects both employees and employers. Whether it concerns an employment contract, dismissal, illness, wages or reintegration: clear rules determine what is and is not allowed. The employment lawyers at Arslan Advocaten help with every issue – from advice to legal proceedings. On this page you will find a complete overview of the main themes within employment law, including detailed explanations and references to our in-depth blogs.

1. Employment contract: types, terms and pitfalls

The employment contract forms the basis of every employment relationship. Whether it concerns a permanent, temporary or on-call contract – the agreements must be clear, fair and legally correct. We advise on:

• Flexible contracts after the WAB – pitfalls for employers and employees;
• Non-compete and non-solicitation clause – when is it valid?;
• Settlement agreement – safely terminate by mutual consent.

An unclear or incomplete employment contract often leads to conflicts. We help with drafting, reviewing and negotiating contracts, including the application of collective labor agreements and terms of employment.

2. Dismissal law: protection and procedures

Dutch dismissal law provides employees with far-reaching protection, but also has exceptions. Employers must be able to demonstrate that a dismissal reasonable is and is effected with due care.

Important themes include:

• Summary dismissal – urgent cause, evidence and consequences;
• Dismissal during illness – the limits and exceptions;
• Notice period and transition payment – common mistakes and solutions;
• Role of the works council in collective dismissal – advisory right and Wmco-procedure.

Transition payment and fair compensation

Upon dismissal, the employee is entitled to a transition payment from the first working day. In exceptional cases, on top of that a fair compensation are awarded. Read more in our blog about transition payment and the differences with other types of compensation.

3. Sickness, reintegration and continued payment of wages

In the event of illness, mutual obligations apply to both employee and employer. The employer must continue paying wages for two years and cooperate with reintegration. The employee must cooperate in recovery and accept reasonable proposals.

Our specialists wrote extensive articles on:

• Dismissal during illness – what is allowed and what is not?;
• Right to wages during suspension or non-active status – your rights in disputes;
• Burnout and work-related stress – when is the employer liable?

We also assist you in complex situations such as an employment dispute during illness or a wage sanction by the UWV.

4. Conflicts in the workplace and mediation

An employment dispute does not have to lead directly to dismissal. Often, mediation can help restore the relationship or make arrangements for an amicable termination. Read our blog Employment dispute and mediation for a complete step-by-step plan.

If mediation fails, the subdistrict court judge terminate the employment contract on the basis of a disrupted employment relationship. We support you in both tracks – from restoration attempts to litigation strategy.

5. Wages, suspension and being placed on non-active status

An employer may not simply withhold wages. Only in cases of serious culpability or refusal to work may payment be stopped. In our blog Right to wages during suspension you can read how that works legally. Are you unjustly suspended? Then you can claim wages and damages through the courts.

6. Special topics within employment law

Arslan Advocaten also covers special topics that are becoming increasingly important in the modern labor market:

• Working from home and the employer’s right of instruction – what may the employer determine?;
• Flexible contracts under the WAB – rights and obligations of on-call workers;
• International employees and expats – permits, taxes and liability.

Topics such as payroll, secondment and zzp arrangements also fall within our expertise. We ensure that employers comply with all legal requirements, so that fines and legal proceedings are avoided.

7. Transition compensation, notice period and financial settlement

The financial side of dismissal is complex. In addition to the transition compensation, other payments may also play a role, such as pay during the notice period, unused vacation days or bonus schemes. Read the blog about notice period and transition allowance for an overview of common mistakes.

Our lawyers check calculations, negotiate settlement agreements and ensure that you get what you are entitled to.

8. Burnout, work-related stress and employer liability

Psychological overload is a growing problem. Employers have a statutory duty of care to limit workload and provide a safe working environment. If they do not, they may be liable for damages. Read the comprehensive article Compensation for burnout or work-related stress for an explanation of evidence, duty of care and types of damages.

9. Rights and obligations of employers

For employers, it is crucial to know their legal position well. Errors in dismissal, contracts or wage payment quickly lead to proceedings and additional costs. We advise employers on:

• Termination of employment relationships and reorganizations;
• Consultation with the works council in the event of collective dismissal;
• Preventing wage sanctions during reintegration;
• Policy against undesirable behavior and psychosocial stress;
• Drafting employment terms and conditions, handbooks and policies.

10. Why choose Arslan Advocaten?

Arslan Advocaten combines legal expertise with personal involvement. Our lawyers specialize in employment law and assist both employees and employers. We analyze your situation thoroughly and always look for a practical, quick, and sustainable solution.

From preventive advice to legal proceedings: at Arslan Advocaten you know where you stand. Read our practice-oriented articles for further insight:

• Non-compete and non-solicitation clause
• Working from home and the right to issue instructions
• Flexible contracts WAB
• Dismissal during illness
• International employee in the Netherlands
• Collective dismissal and works council
• Notice period and transitional allowance
• Right to wages during suspension
• Employment dispute and mediation
• Burnout and employer liability

Contact with Arslan Advocaten

Are you dealing with an employment dispute, imminent dismissal, or a dispute about wages or compensation? The employment law specialists at Arslan Advocaten are ready to help you. We work quickly, expertly, and solution-oriented – always with your interests in mind.

Get in touch for immediate legal advice or a no-obligation introductory meeting.