Recent developments in Dutch employment law

Key developments at a glance

1. Self-employed vs employee (Wet VBAR → Zelfstandigenwet)

The government is moving away from the Wet VBAR and working towards a new Zelfstandigenwet.

What remains relevant:

• A legal presumption of employment for rates below €38/hour
• Continued focus on misclassification risks

Takeaway:

Classification of freelancers remains a key risk area and will likely receive more scrutiny, not less.

2. EU Pay Transparency Directive

Implementation is expected around 2026–2027, but preparation should already be underway.

Focus areas:

• Pay transparency and reporting
• Internal consistency of compensation structures
• Works Council involvement

Takeaway:

This is not just a legal exercise; it requires data readiness and governance alignment.

3. More security for flexible workers

The timeline has shifted, but reform is still coming.

Key changes (expected from 2027–2028):

• End of zero-hour contracts
• Introduction of minimum guaranteed hours
• Stricter rules on temporary contracts

Takeaway:

Workforce flexibility models may need to be revisited structurally.

4. Crisis Personnel Retention Act

Currently uncertain after a negative advisory opinion.

Takeaway:

No immediate action required but worth monitoring given geopolitical and economic volatility.

5. Transition payment compensation (long-term illness)

Proposed limitation: compensation mainly for small employers only.

Takeaway:

Potential cost impact for larger organisations in dismissal scenarios.

6. European Works Council (EWC) Directive (looking ahead)

Implementation by 2028 — but direction is clear.

Key changes:

• Stronger employee involvement
• Earlier consultation requirements
• Reduced scope for confidentiality
• Potential sanctions

Takeaway:

Cross-border decision-making will require earlier and more structured engagement.

Recent case law highlights:

• Uber drivers (Court of Appeal Amsterdam)

  → No automatic employment relationship; assessment remains fact-specific

• Supreme Court (fair compensation)

  → Courts may take unemployment benefits into account

• Supreme Court (PostNL dismissal case)

  → Strong emphasis on procedural fairness (right to be heard, access to evidence)

Overall trend:

Courts continue to focus on substance, fairness and factual context.

What does this mean for employers?

In short:

• The regulatory framework is in motion
• Enforcement and scrutiny are increasing
• And the margin for error is narrowing

At the same time, there is still room to structure matters pragmatically and strategically provided the fundamentals are right.

How we can support

Our Employment team in Amsterdam supports international employers with:

• Workforce structuring and compliance
• Works Council and EWC processes
• Internal investigations and governance
• Strategic employment advice in transactions

We would be very happy to discuss how these developments affect your organisation.

Authored by Maria Benbrahim.