Netherlands: Employment and HR

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Lenders & Borrowers Beware: When Dutch Works Council Advice Enters The Deal – New York Office Snippet
Dutch companies with 50 or more employees must establish works councils that hold statutory consultation rights over significant business decisions. Understanding when works council advice is required—particularly for financings, guarantees, security packages, and control transfers—is essential for transaction planning and legal compliance.
Netherlands Employment
LL
Loyens & Loeff
Article
Pension-related Compensation In Practice: “It’s A Shared Responsibility”
The Dutch pension transition from defined benefits to defined contributions is creating complex challenges around compensation for employees. Pension providers and employers face disputes over disclosure requirements, reorganization scenarios, and timing issues that can cause employees to miss out on or double up on compensation. Legal experts examine the emerging conflicts and overlooked considerations as the 2028 implementation deadline approaches.
Netherlands Employment
DB
De Brauw Blackstone Westbroek N.V.
Article
Closing The Pay Gap: The Dutch Response To The EU Pay Transparency Directive
The Netherlands is implementing the EU Pay Transparency Directive to address the persistent 7% gender pay gap in its business sector. Employers will face new disclosure requirements before and during employment, including mandatory gender pay-gap reporting for companies with 100 or more employees, with the first reports due in 2028. The Dutch approach emphasizes strict implementation without additional obligations, but places the burden of proof on employers who fail to comply with transparency requirements
European Union Employment
GGI Global Alliance
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Labour and Employment

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Contract of Employment

Article
Equal Pay For Seafarers: Is The Competitive Position Of The Dutch Shipping Industry At Stake?
A recent ruling by the Dutch Commission for Human Rights has challenged the long-standing country-of-residence principle in international shipping, which allows different pay scales for seafarers based on their country of residence. The decision raises fundamental questions about equal treatment, the competitiveness of the Dutch maritime sector, and whether the practice of paying crew members differently for the same work can continue under Dutch law.
Netherlands Employment
LL
Loyens & Loeff
Article
Faillissement FP Nieuwegein B.V.
FP Nieuwegein B.V., operating under the name Fat Phill's, has been declared bankrupt by the District Court of The Hague. The curator is investigating possibilities for a restart of the hospitality business, with interested parties invited to submit expressions of interest by September 14th. Employee contracts will be terminated following standard bankruptcy procedures, with salary payments handled through the UWV wage guarantee scheme.
Netherlands Insolvency
B
Buren
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Discrimination, Disability & Sexual Harassment

Article
Closing The Pay Gap: The Dutch Response To The EU Pay Transparency Directive
The Netherlands is implementing the EU Pay Transparency Directive to address the persistent 7% gender pay gap in its business sector. Employers will face new disclosure requirements before and during employment, including mandatory gender pay-gap reporting for companies with 100 or more employees, with the first reports due in 2028. The Dutch approach emphasizes strict implementation without additional obligations, but places the burden of proof on employers who fail to comply with transparency requirements
European Union Employment
GGI Global Alliance
Article
Implementing The EU Pay Transparency Directive In The Netherlands: What Employers Need To Know
The Netherlands is set to implement the EU Pay Transparency Directive by January 2027, introducing comprehensive requirements for employers to ensure equal pay across genders. Employers will face new obligations including salary disclosure to job applicants, gender pay-gap reporting for companies with 100+ employees, and the need to justify pay differences using objective, gender-neutral criteria.
European Union Employment
GGI Global Alliance
Article
Equal Pay For Seafarers: Is The Competitive Position Of The Dutch Shipping Industry At Stake?
A recent ruling by the Dutch Commission for Human Rights has challenged the long-standing country-of-residence principle in international shipping, which allows different pay scales for seafarers based on their country of residence. The decision raises fundamental questions about equal treatment, the competitiveness of the Dutch maritime sector, and whether the practice of paying crew members differently for the same work can continue under Dutch law.
Netherlands Employment
LL
Loyens & Loeff
See more

Retirement, Superannuation & Pensions

Article
Pension-related Compensation In Practice: “It’s A Shared Responsibility”
The Dutch pension transition from defined benefits to defined contributions is creating complex challenges around compensation for employees. Pension providers and employers face disputes over disclosure requirements, reorganization scenarios, and timing issues that can cause employees to miss out on or double up on compensation. Legal experts examine the emerging conflicts and overlooked considerations as the 2028 implementation deadline approaches.
Netherlands Employment
DB
De Brauw Blackstone Westbroek N.V.
Article
Future Pensions Act: Who Gets What In The Transition To The New Pension System?
The Future Pensions Act mandates that Dutch pension schemes transition to new solidarity-based or flexible defined contribution models by 2028, requiring the conversion of collective pension assets into individual capital accounts. This process raises critical questions about fair allocation of pension fund assets and the potential liability exposure for social partners and pension funds when distributions become unbalanced.
Netherlands Employment
LL
Loyens & Loeff
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Unfair/ Wrongful Dismissal

Article
Proposed Withdrawal Of Long-term Illness Compensation: Will Dormant Contracts Return?
The Dutch government has proposed a complete withdrawal of the transition payment compensation scheme for employers, reversing its original plan to merely restrict it to small employers. This significant policy shift raises critical questions about the future of dormant employment contracts and the legal obligations of employers when terminating employees after long-term illness, particularly in light of the landmark Xella ruling.
Netherlands Employment
LL
Loyens & Loeff
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