Taking on a job in the Netherlands can be challenging for international newcomers in many ways, but especially for female expats: You have to get used to a new workplace, a different culture, and different customs. On top of that, the needs of your family have to be met. Even nowadays it is often still women who are responsible for taking care of children and parents, whether over here or in your country of origin. As a result, navigating a new job and family life in another country can become very stressful. In order to relieve at least some of this stress, we will highlight the most important legal obligations of Dutch employers towards their female employees, including expats.
Imagine you are an expat in the Netherlands and you find out you are pregnant. What are your rights as an employee? Under Dutch labour law, employers have to show extra consideration with respect to pregnant employees. In the following, we will go into some legislation applicable to pregnant employees, such a pregnancy and maternity leave and the (im)possibility to dismiss pregnant employees.
During and after pregnancy, female employees are entitled to a minimum of 16 weeks pregnancy and maternity leave. At their own discretion, they can start the leave between six and four weeks – or between ten and eight weeks in the event of a multiple birth – before the estimated delivery date. After childbirth, the employee is entitled to ten weeks maternity leave plus the number of days the pregnancy leave lasted shorter than six weeks (or ten weeks in the event of a multiple birth). During pregnancy and maternity leave, the employee is entitled to a benefit of 100% of the daily wage; however, this benefit may not exceed the maximum daily wage.
Furthermore, female (and male) employees are currently entitled to unpaid parental leave for each child under eight for a maximum period of 26 times the number of weekly working hours. As per 2 August 2022, employees receive a benefit equal to 50% of their daily wage – up to 50% of the maximum daily wage – for the first nine of the 26 weeks of parental leave insofar as this is taken in the first year after the birth.
Under Dutch law there are some prohibitions for an employer to (unilaterally) terminate an employment contract. For example, an employer may not terminate an employee’s employment contract during her pregnancy. When starting proceedings to dismiss an employee, there is always an assessment on whether the employee is pregnant. For example, if an employer intends to dismiss an employee due to underperformance, a Dutch court will check whether the underperformance of the employee could be the result of pregnancy of the employee. If this is the case, an employee cannot be dismissed.
From a Dutch law perspective, it is difficult to understand a situation like that of Olympic athlete Allyson Felix. After giving birth to her first daughter, her employer wanted to pay her 70% less and offered no guarantees if her performance declined due to her pregnancy. She championed her values and signed a deal with another company. It is encouraging for other female employees that she spoke out against her employer’s treatment of women who took breaks in their career to have children.
Furthermore, employers may not terminate the employment of an employee during the period in which she is on maternity leave. Nor can an employment contract be terminated during a period of six weeks after resuming work (i) following maternity leave or (ii) following a period of incapacity for work, that immediately follows maternity leave, caused by the childbirth or the preceding pregnancy. Even if an employer intends to terminate the employment contract because of the cessation of the company’s activities, it is not possible to dismiss an employee who is on pregnancy or maternity leave. There are only a few exceptions to these termination prohibitions, such as a termination during the probationary period or a dismissal on the spot.
In addition, an employer cannot terminate an employee’s employment contract on the grounds that the employee is exercising the right to parental leave, adoption leave, leave for taking care of a foster child, or short-term and long-term care leave. We will discuss these different types of leave in our next article.
The employer should organize the work of the pregnant employee in such a way that it has no harmful consequences for the pregnancy, the unborn child and the employee herself. This includes the obligation to (temporarily) adjust the workplace, working hours and/or the work if something poses a risk to the health and safety of the employee who is pregnant, recently gave birth or is breastfeeding.
A pregnant employee is entitled to a stable and regular pattern of work and rest. This means no night shifts or overtime, a lower than usual maximum to the hours of work per shift and week, and pregnancy examinations during working hours.
The employer must also make a suitable, lockable area with a bed or couch available to the employee during pregnancy and lactation for resting and breastfeeding or pumping breast milk.
Maybe you have given birth in the Netherlands or you have moved here with your family. How can you combine work and motherhood under Dutch law? The Dutch Flexible Work Act (in Dutch: Wet Flexibel Werken) entitles employees to request an adjustment of their working time, working hours, or work location. This is a valuable measure, for example, for female expats to combine children and work. Currently, employees can request the employer in writing for a change of place of work under the Flexible Work Act. However, this does not provide a right to work from home. The employer may refuse such a request.
A legislative proposal ‘Work Where You Want’ has been drafted, based on which an employer would only be able to reject such a request if there are compelling business or service interests. If this legislative proposal will be adopted, this will be – in addition to the option to request an adjustment of working time or working hours – a valuable opportunity for female expats to combine childrearing with working from home instead of at the office.
These are just a few rights female expats have under Dutch law. If you would like to get more information on this topic, please contact:
A director under the articles of association is appointed by an appointment decision by an authorised body. What might be the consequences if this decision was not established in writing?
With the Dutch Tax and Customs Administration again enforcing the Deregulation of Assessment of Employment Relationships Act (DBA Act), these questions have become even more important. In a recent ruling on Uber drivers, the Supreme Court provided additional guidance on how to determine whether someone is a self-employed person.
If employers want to terminate the employment of an employee for poor performance, they need to take a number of steps before they are allowed to do this. Which actions do they have to take? What issues should expats take into account?
The works council has an important task when it comes to working conditions in the company, including social safety. What tools can the works council use to ensure a safe corporate culture?
Losing your job due to redundancy is a bitter experience, especially when you are an expat and may also lose your work permit or residency rights. Which points should you take into account when facing redundancy?
The start of a new year brings not only new resolutions and crowded gyms but also important changes in laws and regulations. This year is no exception, with several significant amendments to employment law that took effect on 1 January 2025. Here, we outline the key points to watch out for as an employer or employee.
