For employers and employees who want to properly arrange their employment relationship, contracts, and dismissal from a legal perspective.
Employment law governs the relationship between employer and employee — from the employment contract and terms of employment to illness, dismissal, and settlement agreements. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally astute, applying the Articles of the Dutch Civil Code in full.
Employment law governs the relationship between employer and employee — from the employment contract and terms of employment to illness, dismissal, and settlement agreements. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally astute, applying the Articles of the Dutch Civil Code in full.
(Semi-)public sector
In the (semi-)public sector, interests are weighed differently than in the business world. Our mixed teams of lawyers and in-house counsel are familiar with both employment law and the specific standards of the public domain, from international corporations to the baker on the corner.
A good employment contract lays the foundation for a healthy working relationship and prevents disputes. We draft, review, and amend employment contracts, from international corporations to the baker on the corner.
From continued salary payments and reintegration to wage sanctions, dismissal, and transition payments: our employment law specialists guide you through the entire process of incapacity for work. For the international corporation and for the baker on the corner.
From the applicability of a collective labour agreement and declarations of general applicability to a (threatened) strike: MKB Juristen advises and litigates at the highest level. Mixed teams of lawyers and in-house counsel, for the international group as well as the entrepreneur around the corner.
A non-compete clause protects your knowledge, customers, and business goodwill, but it must be legally defensible. Our mixed teams of lawyers and (corporate) legal experts draft the clause, review existing clauses, and litigate where necessary. From international corporations to the baker on the corner.
With our broad expertise in employment law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental organizations and non-profits. We offer legal advice at all levels, from the boardroom to individual employees. Our services are characterized by high quality, reliability, and in-depth specialization.
Flexible employment offers room for maneuver, but has strict rules. Our lawyers and (corporate) legal experts help you properly structure flexible contracts and prevent disputes – from international corporations to the baker on the corner.
Fraud and integrity issues bring unrest and legal risks. Our lawyers and in-house counsel assist employers and employees, from international corporations to the baker on the corner.
Does your organization operate across borders? We determine which employment law applies, which court has jurisdiction, and where your employees are socially insured – from an international corporation to the baker on the corner.
A dismissal must be legally sound: the right grounds, the right procedure, and the right compensation. Our lawyers and in-house counsel guide you through every dismissal procedure, from an international corporation to the baker on the corner.
In the event of a transfer of undertaking, employees transfer by operation of law. We guide employers, buyers, sellers, and employees through the legal consequences, from international corporations to the baker on the corner.
Employers constantly process employees' personal data. Our lawyers and corporate legal experts help you set up this processing in compliance with the GDPR, from camera surveillance to data breaches.
From request for advice from the Works Council to collective dismissal and social plan: we guide your organization through the entire process – from an international corporation to the baker on the corner.
A sick employee entails strict obligations and deadlines. Our lawyers and in-house counsel guide you through the Gatekeeper Improvement Act, from the initial notification of illness to the end of the waiting period.
Employment law governs the relationship between employer and employee: from the conclusion of the employment contract to its termination. The employment contract is defined in the law in Article 7:610 of the Dutch Civil Code: the employee performs work in the service of the employer for a certain period of time in exchange for wages. A large part of the statutory system revolves around this—from continued payment of wages during illness to protection against dismissal. When properly regulated, it prevents conflicts; if things go wrong, it offers avenues to resolve them.
Our lawyers and in-house counsel assist both international corporations and the baker on the corner — for the employer hiring staff and for the entrepreneur who has to part ways with an employee.
The employment contract and terms of employment
A good employment contract lays the foundation. We draft contracts and review them: fixed-term or indefinite term, probationary period (Article 7:652 of the Dutch Civil Code), non-compete and non-solicitation clauses (Article 7:653 of the Dutch Civil Code), confidentiality, and a legally required transition payment. Moreover, since the Transparent and Predictable Employment Conditions Act, stricter requirements apply to the disclosure of information and ancillary activities. Start with a watertight employment contract; that will save a lot of disputes later.
Dismissal: the eight grounds for dismissal
Dismissal in the Netherlands is subject to a closed system. The employer can only terminate or dissolve the employment contract on one of the grounds (a through i) listed in Article 7:669 paragraph 3 of the Dutch Civil Code, such as business economic reasons (a), long-term incapacity for work (b), poor performance (d), culpable conduct (e), or a disrupted employment relationship (g). In this regard, the ground must be fully substantiated. For dismissal for business economic reasons and long-term illness, the procedure is handled by the UWV; for the other grounds, it is handled by the sub-district court. In the event of termination, the rules of Article 7:671 of the Dutch Civil Code apply, and in principle, a transition payment is due (Article 7:673 of the Dutch Civil Code). If a conflict arises, please also consult our page on dismissal.
The settlement agreement
In practice, the majority of employment relationships are terminated by mutual consent via a settlement agreement. In this agreement, you set out the end date, any termination compensation, the settlement of vacation days, and the clause regarding non-compete and final discharge. Important are the two-week cooling-off period (Article 7:670b of the Dutch Civil Code) and correct wording, so that the right to unemployment benefits is retained. We draft a settlement agreement or review a proposal you receive — for both employer and employee.
Sick employee, prohibition of dismissal and reintegration
During illness, a prohibition on termination applies (Article 7:670 of the Dutch Civil Code): in principle, you may not terminate the employment contract for the first two years. During that period, you continue to pay wages (Article 7:629 of the Dutch Civil Code), and the reintegration obligations of the Gatekeeper Improvement Act apply. Anyone who fails to properly document these steps risks a wage sanction from the UWV and a third year of illness. We guide employers through the process and assist employees who are faced with an unjustified wage freeze or an unfeasible reintegration plan.
The non-compete and non-solicitation clause
A non-compete clause restricts an employee after the employment relationship has ended and must therefore be agreed upon in writing (Article 7:653 of the Dutch Civil Code). In a fixed-term contract, it is only valid with a substantial, written substantiation of business interest. The court may moderate or annul an excessively burdensome clause. We advise on drafting, invoking, or contesting a non-compete clause and determine whether it holds up in your situation.
Good employership and employer liability
The employer must act as a good employer (Article 7:611 of the Dutch Civil Code) and has an extensive duty of care for a safe workplace (Article 7:658 of the Dutch Civil Code). If an employee sustains damage in the performance of their work, the employer is in principle liable, unless they demonstrate that they have fulfilled their duty of care. We advise on working conditions, liability, and limiting the risk of claims.
Employment law for SMEs and corporations
The top end of the market often focuses solely on large employers with their own HR departments. Not us: our mixed team of lawyers and in-house counsel assists both international corporations and the local baker with their first employee. Accessible and practical, yet legally sharp — applying the Dutch Civil Code articles in full and without unnecessary jargon. If, in addition to employment law, you also have a question regarding your corporate structure or an acquisition, please visit our corporate law.
What we help with
From drafting an employment contract to conducting dismissal proceedings — our lawyers and legal experts support employers and employees in every area of employment law.
Drafting and reviewing employment contracts and terms of employment
Dismissal via the UWV and the subdistrict court on the grounds of Article 7:669 of the Dutch Civil Code
Drafting and reviewing settlement agreements (Article 7:670b of the Dutch Civil Code)
Calculating and disputing transition payment (Article 7:673 of the Dutch Civil Code)
Guidance regarding illness, reintegration, and wage sanctions (Gatekeeper Improvement Act)
Drafting, invoking, or challenging non-compete and non-solicitation clauses (Article 7:653 of the Dutch Civil Code)
Summary dismissal: giving, contesting, and limiting the consequences
Reorganization, collective dismissal and advice on the mirroring principle
Employment disputes, mediation, and litigation before the subdistrict court
Employer liability and working conditions (Article 7:658 of the Dutch Civil Code)
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You are hiring your first or a new employee and want to arrange the contract properly
In employment law, your starting position determines the outcome. Before we give notice of dismissal or initiate proceedings, we map out the contract, the personnel file, and the facts, and assess the grounds for dismissal against Article 7:669 of the Dutch Civil Code. In this way, we choose the route—negotiation, a settlement agreement, or recourse to the UWV (Dutch Unemployment Insurance Agency) or the sub-district court—that best serves your interests, rather than taking the first step that might cause you problems later.
Our approach
From question to solution in four steps.
1
Intake
We discuss your situation, the employment relationship, and your goal, and review the contract and the file.
2
Analysis
We assess your position against the law (Article 7:669 et seq. of the Dutch Civil Code) and the documents, and map out opportunities and risks.
3
Strategy
We choose the route — advice, negotiation, settlement agreement, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We handle everything from drafting documents to litigating at the UWV or the subdistrict court.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Employment Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of employment law. In addition, they have specialized in one or more areas of focus within employment law. We have organized several areas of focus into various practice groups. Based on his or her specialism(s), each lawyer is part of one or more practice groups. Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about employment law
The questions employers and employees ask us most often.
On what grounds may I dismiss an employee?
Dismissal is only possible on one of the grounds of Article 7:669 paragraph 3 of the Dutch Civil Code (a through i), such as business economic reasons, long-term illness, poor performance, culpable conduct, or a disrupted employment relationship. The ground must be fully substantiated. Dismissal for business economic reasons and long-term illness are handled through the UWV, while the other grounds are handled through the sub-district court.
What is a settlement agreement and what should I look out for?
By doing so, you terminate the employment contract by mutual consent. Pay attention to the two-week cooling-off period (Article 7:670b of the Dutch Civil Code), neutral wording to preserve the right to unemployment benefits, and the settlement of vacation days, compensation, and any stipulations. Always have a proposal reviewed before you sign.
Am I allowed to dismiss a sick employee?
In principle, no: a prohibition on termination applies during the first two years of illness (Article 7:670 of the Dutch Civil Code). You continue to pay the salary and must comply with the reintegration obligations. If you fail to do so properly, the UWV may impose a wage sanction. Dismissal during illness may only be considered in exceptional cases.
Is a non-compete clause always valid?
Not automatically. It must be agreed in writing (Article 7:653 of the Dutch Civil Code), and in the case of a fixed-term contract, only with a compelling business interest that is substantiated in writing. The court may moderate or annul an overly broad clause. Whether it holds up in your case depends on the wording and the circumstances.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting contracts and settlement agreements, and conducting negotiations, an in-house counsel is often sufficient. For proceedings before the sub-district court, a lawyer is mandatory. Our firm has both in-house and determines together with you what is most suitable.
Is this team also for small employers?
Yes. We help both international corporations and the local entrepreneur with their first employee. Especially for smaller employers, a good contract and a carefully maintained file prevent major problems later on.
Discuss your situation with an employment law specialist.Our employment lawyers and legal experts help large employers as well as small business owners and their employees move forward. Schedule a meeting and know where you stand within a single session.
