Employer’s obligation to provide information

Employees are entitled to receive information about their employment conditions. Which information does this concern? When and how does the employee have to receive this information?

Law prescribes which basic information the employer has to give the employee about the employment contract and in which way this must be done. Please note: The obligation to provide information also applies to employment contracts with bogus self-employed persons. Thus, you may find that even in the case of a contract for services, this information must be provided to the contractor.

Required information

Most obligations have been included in Book 7, Article 655 (1) of the Dutch Civil Code. According to this list, the employer needs to provide at least the following information:

1. 1. Name and address of employer and employee.
   2. The place or places where the employee performs his/her work. If the employee has no fixed workplace, the employer may also indicate that the employee works at different workplaces or is free to determine their own place of work.
   3. The position of the employee or a job description.
   4. The date on which the employment contract commences.
   5. In a fixed-term contract: the duration or the end date of the contract.
   6. The number of holidays and other types of paid leave the employee is entitled or the way in which they are calculated.
   7. The notice period or, if that is not possible or, if that is not possible, the way in which it is calculated. Employees also have to be familiar with the procedure and requirements for termination. It suffices for the employer to refer to Part 7.10 of the Dutch Civil Code. I.e., for example, the permitted grounds for dismissal do not need to be included separately.
   8. Regarding wages, employers have to give the following information:
      • the instalments in which they will be paid,
      • the amount of the initial salary,
      • the components of the wages, and
      • the manner of payment

      In case of a piece wage:

      • The quantity the employee has to offer per day or week,
      • The price per unit, and
      • The time that is reasonably necessary for the performance of a unit.
   9. The usual working period per day or week.
   10. Whether the employee will take part in a pension scheme.
   11. If the employee is to work abroad for more than one month:
       • The duration of the work,
       • The country or countries where the employee will perform work,
       • The accommodation,
       • If the employee falls under the Dutch social security legislation or a specification of the bodies responsible to administer this legislation,
       • The currency in which the wages will be paid,
       • The allowances to which the employee is entitled, and
       • The arrangement of the employee’s return.

       Please note: If an employer seconds employees to another EU Member State, the employees must receive the following information before their departure:

       • The salary to which the employees are entitled to under the law of the Member State to which they are seconded.
       • All allowances the employees are entitled to based on the secondments and arrangements for the reimbursement of travel, accommodation and meal expenses.
       • The website address with information for seconded workers of the EU Member State to which the employees are seconded.
   12. Whether the employment contract falls under a collective labour agreement or another scheme. In case the Waadi Act is applicable, this must also be stated.
   13. Whether there is an agency work employment contract or a payroll contract.
   14. Whether the employment contract is for an indefinite time.
   15. Whether there is an on-call contract. If this is the case, it must also be stated:
       • For which number of hours payment is guaranteed;
       • What the pay will be for the extra hours worked by the employee;
       • The days and hours the employee can be required to work;
       • The minimum notification period before the on-call time. By law, this is at least 4 days, but this can be deviated from by collective labour agreement, provided that the period is at least 24 hours.
   16. If it concerns an agency work employment contract, the identity of the hiring company must also be stated as soon as it is known.
   17. In the event of a probationary period, its duration and conditions must be given. Currently, it is only mandatory to state the duration.
   18. If the employer offers a right to training, the employees need to know the content and scope of this right.
   19. Employers must also provide information about social security. This concerns the identity of social security institutions receiving national insurance contributions and what the employee is insured for, such as incapacity for work, illness and unemployment.

   In addition to this list, other information must be provided. For example, under the Pension Act, the employee is entitled to information about the content of the pension scheme. Starting from 1 August 2022, a new European regulation will further expand the obligations of the employer.

   In writing or electronically

   The employer can provide the information in writing or electronically. The electronical provision of information is only allowed if the employee agrees to it. If points a-j, n, o and p have been included in the employment contract, the employer does not have to provide them separately again. It is no longer possible to provide this information through a pay slip. The information from parts f-i, k and q-s does not have to be given separately to the employee if it is included in the collective labour agreement, which is referred to in the employment contract.

   Deadline for providing information

   The employer must provide the information regarding parts a-e, h, i and q within one week after the work has started. For the other parts, a maximum period of one month applies. If the employment contract has been concluded for less than a month, the information must be provided before the termination of the employment. If the employee will be working in a foreign country, the information from part k must be provided before the departure. Changes have to be communicated to the employee within one month of becoming effective. This does not apply to changes resulting from amended laws and regulations or changes to collective labour agreements.

   As of 1 August 2022, the information requirement has been expanded. For existing employment contracts, employers must provide employees with all information that the new EU directive requires them to provide within one month of an employees’ request. Of course, insofar as the employer has not already done so.

   Penalty on breach of obligation to provide information

   There is no penalty for violation of the obligation to provide information. However, the employer is liable for damage the employee suffers because the employer did not comply with the obligation to provide information, for example, by providing incomplete or incorrect information. Here, you can consider, for example, the loss of holidays or a contractual penalty the employee must pay because paid childcare turns out to be unnecessary after all. Arrangements that the employer does not need to comply with parts of the obligation to provide information are void.

   Employment lawyers

   Do you have any questions about the obligation to provide information or would you like us to draft or assess a model employment contract? We will be happy to help you. We can also assist you in disputes concerning employment contracts. Please contact us: