HR advice

In the Netherlands, the statutory minimum for a full-time employee is 20 days for a 5-day working week. These are your statutory holidays. There are also extra statutory holidays that you earn over and above the statutory minimum. Your collective agreement or employment contract will tell you whether you are entitled to extra statutory leave.

The following rules apply to the transfer of days from one year to the next:

• Statutory holidays are valid up to 6 months after they are accrued (e.g. holidays accrued in 2024 are valid from 1-7-2025).
• Extra-statutory holidays are valid for up to 5 years from the date of accrual.

When requesting leave for the birth of a child, a distinction is made between the parent who gives birth and the parent who does not give birth. There are also other rights and responsibilities when you adopt a child.

A birthing parent is entitled to 16 weeks of maternity leave. This usually starts 4-6 weeks before the due date. If the baby arrives earlier or later, the birthing parent still takes a total of 16 weeks of leave.

A non-birthing parent is entitled to additional maternity leave. First, the regular maternity leave of 1 week (100% paid by the employer) is taken. The additional maternity leave is 5 consecutive weeks. As an employer, you can apply to the UWV for compensation of 70% of the daily wage. During this period, you as an employee will receive 70% of your salary. The employer is free to supplement this.

Both the parent who gives birth and the parent who does not give birth are also entitled to parental leave. This leave consists of 26 weeks, of which 9 are paid and 17 are unpaid. Again, the employer must apply to the UWV for compensation of 70% of the daily wage.

Parental leave must be applied for in good time and coordinated between the employee and the supervisor.

Dismissing an employee is a drastic step that must be carefully considered and carried out by the employer, as it comes with legal rights and obligations. If an employee is on a fixed term contract, there is always the option of not renewing the contract. There is no need to give a reason. However, the notice period applies. The length of the notice period is specified in the employment contract.

If the employee has a contract for an indefinite period of time, it will be much more difficult to get rid of the employee. The possibilities for dismissal depend on a number of factors, such as: economic reasons, personal reasons, culpable behavior or illness. In the case of economic reasons or illness, you must initiate a dismissal procedure with the approval of UWV. You can also talk to an employee to see if you can find a solution together through a settlement agreement. This is an agreement in which both parties agree to terminate the contract. In this case, the employee is entitled to unemployment benefits. Dismissing an employee can only be done in very serious cases (such as theft, fraud, violence or refusal to work). In all cases, it is important to keep a record of the employee, the agreements made and evidence of culpable behaviour. In the case of dismissal at the employer's initiative, the employee should be paid a transitional allowance. In a few cases this is not necessary. Should you wish to initiate this process, we recommend that you seek the assistance of one of our HR consultants.

Yes, an employee can often take special leave for important personal events such as a wedding or the death of a family member. This leave is usually not deducted from your regular leave days. The length of the leave can vary depending on the situation and the organisation's policy, but there is usually a set number of days. It is important to discuss this with HR at an early stage so that we can support you in applying for this leave.

Always make sure you have confirmation of the sick note. The rules that apply are usually set out in the employee handbook. As an employer, you are obliged to continue to pay an employee's salary during illness. This is always at least 70% of the employee's current salary (unless otherwise agreed in the employment contract). You may also be obliged to use waiting days. Waiting days are the first days (usually 1 or 2 days) of illness during which the employee is not paid. Whether this is possible depends on the collective labor agreement or employment contract.

In addition to continuing to pay the employee's wages, the employer is obliged to make efforts to get the employee back to work. Reintegration and counselling are important. Make sure that your employer is connected to an occupational health and safety service. It is important to keep in regular contact with the employee, unless the company doctor advises otherwise.