Labour and employment—Netherlands—Q&A guide
Labour and employment—Netherlands—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—Netherlands—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

Labour and employment—Netherlands—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Netherlands published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2020).

Authors: CLINT | Littler—Eric van Dam; Wouter Engelsman; Dennis Veldhuizen

1. What are the main statutes and regulations relating to employment?

The employment relationship between employers and employees is mainly governed by Book 7 of the Civil Code. Other important Dutch acts that apply to employment relationships are the: Collective Labour Agreements Act, Works Councils Act, Working Conditions Act and Unemployment Act. Collective labour agreements are also an important source of regulation that can apply to employment relationships.

2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?

Discrimination in the context of employment is prohibited by several acts that cover discrimination on different grounds. The General Act on Equal Treatment covers the following grounds of discrimination: religion, belief, political affinity, race, gender, nationality, sexual orientation and marital status. Gender discrimination is also explicitly prohibited by the Act on Equal Treatment of Men and Women—also focusing on pregnancy, motherhood and (sexual) harassment. Other Acts prohibiting discrimination in employment context cover discrimination based on age, disability or chronic illness, working hours and type of employment contract (definite versus indefinite term).

3. What are the primary government

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