Many expats are ignorant of the benefits they're entitled to under Dutch labour laws. Here's an updated guide to what you could be receiving.

Expats are advised to check if they are covered by a collective bargaining agreement (CAO) between the union and employer, and if so, to get someone to explain what is in it. Even if your company doesn't adhere to a CAO, it can be a good guide when negotiating a contract. For instance, leaving pay aside, what are your entitlements in relation to leave?

Know your entitlements

Collective agreements generally extend the statutory four-times the hours worked per week in paid holiday days for full-time workers (usually 20 days for full-time employees) to 27-28. In order to ease unemployment and create more jobs, some industries have accepted workweeks from 36 – 40 hours per week. For some (but not all) companies that have 40 hour work weeks, an extra day’s leave a month is added (ATV, or ADV).

Most paid holidays relate to Christian and Dutch public holidays but employers may recognise other religious/cultural holidays if requested.

Origins of the CAO

The CAO, first drawn up more than 100 years ago, is the embodiment of the co-operative nature of Dutch society and gives an official status to many of the benefits long taken for granted. It also expands on those rights and introduces more flexibility, allowing employees to choose an individual package from a range of benefits. Most large companies have a CAO with their relevant union(s), and all those working there are covered, regardless of whether you are a member of the union(s) or not.

You should also be aware that in a few cases, companies may have negotiated less than the legal minimum in their CAO. In these cases the CAO takes priority over the legal minimums.

Getting a flexible benefits package

The FNV, the largest trade union federation in the Netherlands has called for employees to be given more "personal choice" to pick secondary benefits, with more control over:  

• saving up time off
• choosing to work longer or shorter hours
• overtime by employee consent only
• combining ATV days and other leave with vacations
  

The FNV has also pushed for the establishment of a development fund (with employee contributions) to allow employees to follow educational pursuits.

Employers are also getting on the bandwagon. Under one such scheme, employees can, for instance, buy or sell days off and invest the money in childcare, top-up pension contributions, or cover the costs of lunch in the work canteen. Also, from January of 2006, employees can save for extra days off or to retire earlier (levensloopregeling). Under this scheme you can save up to 12 percent of your wages tax free, as well as receive a tax break when you claim the money for use.

Other Benefits might include:

The FNV has also pushed for the establishment of a development fund (with employee contributions) to allow employees to follow educational pursuits. 

• 13th month paid
• sabbatical leave
• swapping leave to add to pension
• tax-free savings schemes (spaarloon or levensspaarregeling)
• car-leasing
• study assistance
• fitness subscriptions
• product discounts
  

Childcare contributions are now required of employers. Parents may also receive 1/3 of the costs of childcare monthly as a stipend from the tax office. (Call the National Tax Info Line, freephone 0800 0543).

Illness provisions in the Netherlands are generous but vary from business to business. Some employers will pay if a former employee becomes ill within four months of leaving the company, but others wouldn't dream of it. There are also employers that go so far as to refund holiday days to an employee who falls sick during vacation, so it is always worth asking.

Leave days

Anniversary (wedding) 1
Wedding* 2
Partner giving birth 2
Pregnancy Leave – 16 to 18 weeks
(Also, either or both partners can request 50 percent part time work until the child is 8)
Close relative's wedding 1
Death of partner or close relative 4
Death of more distant relative 1-2
Moving house    2
Adopting a child in Netherlands 1-5
Adopting a child from abroad 
(or from abroad)   minimum of 4 weeks
(you will receive a WAZO allowance of 100 percent of your income, up to EUR 172.48 per day)

*spouse or life partner who has signed a partnership agreement

There is also ‘calamiteitenverlof’ (or emergency leave) in situations like having to stay home when your kid or the babysitter is sick, or if you have to take care of your sick partner or parent. For the conditions for this leave, ask the personnel department of your company. Leave days differ per company; some companies have an extensive list and offer more time off than the legal minimum, sometimes less if agreed in the CAO. This does not apply to pregnancy leave or adoption.

Link

FNV (Netherlands Federation of Trade Unions) www.fnv.nl (English area)

Updated May 2007

[Copyright Expatica 2006]

Subject: Dutch labour laws