When Should You Call an Employment Attorney in The Netherlands?

Dutch employment law can be technical, extensive, and hard to fathom. Although employees are well protected under Dutch law, that does not mean legal advice is unnecessary. There are quite a few rules both parties must follow, especially when the employer and employee have conflicting interests.

To help you understand, here are five “red flags” you should be aware of. If any of these occur, call an employment lawyer to see whether you need more serious legal help.

1. You Have Been Served with Legal Papers

If you are served with a complaint or lawsuit by another party, you are already caught up in the early stages of litigation. It is important to connect with an employment (litigation) attorney immediately in this case so that an appropriate and timely response can be made.

Ensuring a qualified attorney promptly handles your response can help you avoid several potential negative consequences. For example, failing to respond to the lawsuit within the time allowed by law can lead to a default judgment against you, costing you considerable money and your reputation. It could also result in you being denied any social security benefits. For these and other reasons, if you are served with papers, your first call should be to an employment litigation attorney.

2. You Are Threatened with Dismissal

There can be numerous reasons an employer may believe an employee needs to be let go. Be aware that under Dutch law, employers need a legal reason to dismiss any employee, and that the proposed dismissal must be approved by either the UWV (the Dutch Labour Inspection) or the cantonal court. There are elaborate rules in both statutory law and jurisprudence that must be considered before an employer can dismiss someone. It is of the utmost importance that you know your rights in this situation.

3. Your Employer Offers You a Settlement Agreement

Because dismissal law can be so complicated, many employers resort to offering their employees a settlement agreement. This gives both parties a lot of flexibility and does not fall within the scope of most statutory dismissal laws. Be aware that in most cases, you are doing your employer a favor by agreeing to one. Settling the matter too quickly or on unfavorable terms can place you at a disadvantage. Always negotiate! Most employment attorneys negotiate settlement agreements regularly.

4. Your Employer wants you to sign a PIP

Performance Improvement Plans are all the rage with many employers, even though there is no legal basis for them under Dutch law. The reason is that, to let someone go based on underperformance, employers are, in most cases, obliged to allow the employee to improve.

A well-drafted, continuously monitored (and, if necessary, adapted) plan provides the employer with greater certainty that an eventual request for dismissal is “well documented”.

Never sign a PIP without understanding its consequences completely. For this, it is best to call your employment attorney. They know what should and should not be in there. For example, ‘behavioral improvements’ have no place in a PIP, since they cannot be judged objectively.

5. Your Employer Does Not Accept Your Illness

Protection during illness is one of the strongest forms of protection that Dutch employment law provides – and a source of much frustration for many employers. Please note that neither your employer nor you has the final say in whether you are fit for work or not. It is the (company) doctor who decides. There is also no legal basis for checking in with your employer daily. You do not need to respond to a constant stream of emails or messages. In case your employer keeps seeking contact with you, refuses to officially register you as sick, does not pay your wages (70% is the statutory minimum during illness), does not want to re-integrate you in your current job or gives your job to someone else, it is time to call that employment attorney.

These are five common red flags we see in our law practice. Naturally, there are more. In case you are in an employment situation that requires a lawyer’s eye, reach out to FLOTT Advocaten.