Which law is applicable to my employment contract?

If no choice of law has been made in your employment contract, the law of the country where you normally work will be applicable. If a choice of law has been made in the employment contract, that law will apply. However, the employer will have to comply with the mandatory Dutch laws and provisions for the protection of employees in the Netherlands, including holiday days and sick pay.

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Related questions

  • How can my employer terminate my employment contract?

    Employees enjoy strong legal protection under Dutch dismissal law. Your employer can terminate your employment contract in different ways:

    Tip: If your employment contract is terminated upon the initiative of your employer, he must usually pay you transition compensation.

  • My employer wants to cut my salary, alter my working hours or otherwise change my working conditions: Is that allowed?

    If your employment contract includes a unilateral changes clause, your employer may – under circumstances – unilaterally change your employment terms. He may do so if he has a substantial interest in the change and if his interest outweighs your interest.

    In case no unilateral changes clause is included in your employment contract, your employer, in principle, may not change your terms of employment without your consent. Nevertheless, the employer may in some cases unilaterally amend the agreement. An employee must behave as a “good employee” according to Dutch law. If your employer makes you a reasonable proposal which you cannot reasonably refuse, being a good employee involves that you must agree to it.

  • What if my employment contract includes a probationary period?

    During the probationary period, both you and your employer may terminate the contract without prior notice. The termination takes effect immediately, thus no notice period needs to be taken into account. The employer is required to give the reason for the termination of your employment contract upon your request.

    Note: Your probationary period clause is null and void if this clause is not agreed upon in writing, exceeds the statutory deadlines and/or is not of equal length for both you and your employer.