If your employer does not pay your wages on time, you can claim them with a written demand and, if that does not work, at the subdistrict court (kantonrechter), without a lawyer. On top of the wages you can claim a statutory increase of up to 50 percent and statutory interest; the exception is an employer that simply has no money, where a claim alone will not help and the UWV wage guarantee may.
Below you will find when you are entitled to wages, what you can claim in addition, and a sample letter you can adapt and send to your employer.
When are you entitled to wages?
The main rule is that your employer pays wages for the work you do, on the dates agreed in your employment contract or collective labour agreement (cao). Wages must be paid at least once a month for most employees, and you are entitled to a payslip.
The payment dates follow from Article 7:623 of the Dutch Civil Code (BW) and your contract. Under Article 7:626 BW your employer must give you a written or electronic payslip showing the gross wage, the deductions and the net amount. If the wage has not been paid by the agreed date, your employer is late and you can take action.
What if you did not work?
You still keep your right to wages if you did not work for a reason that falls within the employer’s risk, for example because there was no work or your employer sent you home (Article 7:628 BW). Your contract can exclude this only in limited cases.
A written clause can exclude pay for hours not worked during the first six months of employment. A collective labour agreement can extend that period in some situations. Special rules apply to on-call contracts. If your contract contains such a clause, check its wording and dates before you send a claim.
What if you are sick?
During sickness your employer must continue to pay at least 70 percent of your wages for up to 104 weeks, and in the first 52 weeks at least the statutory minimum wage (Article 7:629 BW). Many contracts and collective agreements provide for a higher percentage.
The contract may provide for up to two waiting days (wachtdagen) at the start of a period of sickness, for which no wages are due. Your employer may suspend wage payments if you do not follow reasonable instructions on reporting sick or on your reintegration, but only after warning you. If wages are stopped without good reason, you can claim them. Read more about your duties during sickness in our employment law guides.
What if you are being dismissed or suspended?
Your employer must keep paying your wages until the employment contract has actually ended. That also applies if you have been suspended or sent home pending a dismissal.
A suspension or a dispute about dismissal does not end your right to wages. If you are dismissed summarily (op staande voet) and you challenge that dismissal, you can include a claim for wages in the proceedings. The deadline to challenge a summary dismissal at the subdistrict court is two months.
What can you claim on top of the wages?
Besides the unpaid wages you can claim the statutory increase for late payment (wettelijke verhoging) and statutory interest. You may also be able to claim the extrajudicial costs of collection.
Under Article 7:625 BW the increase is 5 percent per working day from the fourth to the eighth working day after the payment date, and 1 percent per working day after that, up to a maximum of 50 percent of the unpaid wages. The court may reduce the increase to a fair amount, and in practice often does, particularly when the delay was short or the employer had a reasonable excuse. Statutory interest under Article 6:119 BW runs on the unpaid amount from the day payment was due.
What should you do if your employer cannot pay?
If your employer is insolvent, a demand letter will not produce money. You can then consider asking the court to declare your employer bankrupt; once that happens, the UWV takes over part of the wage obligation.
Under the wage guarantee scheme (loongarantieregeling) of the Unemployment Insurance Act, the UWV pays outstanding wages over a limited period before and after the bankruptcy, and then recovers them from the estate. The UWV and the bankruptcy trustee (curator) will tell you which forms to submit. Report to the UWV promptly after the bankruptcy, because the scheme has conditions and limits.
How do you claim unpaid wages?
Start informally: ask your employer, preferably by e-mail, when the wages will be paid. If that does not work, send a written demand letter with a short deadline, usually seven days.
The letter serves three purposes. It puts your employer formally on notice, it shows the court that you gave your employer a fair chance to pay, and it interrupts the limitation period. A claim for wages is time-barred five years after it became due (Article 3:308 BW), so do not wait too long. Send the letter by registered post and by e-mail, and keep proof of both.
Sample letter for a wage claim
You can adapt the sample below. Replace the text in square brackets with your own details.
[Your name]
[Address]
[Postcode and town]
[Name of employer]
[Address]
[Postcode and town]
[Place and date]
Subject: payment of outstanding wages
Dear [name],
Since [start date] I have been employed by [name of company] as [position] for [number] hours per week.
I have not received my wages for the period from [date] to [date]. Under my employment contract these wages should have been paid on [date]. After I raised this with you on [date], payment was still not made. The amount outstanding is now [gross amount].
I therefore ask you to pay the outstanding wages into my account within seven days of the date of this letter, and to send me the payslips for [month or months]. This letter also serves as a notice of default.
If payment is not made within this period, I will claim the statutory increase under Article 7:625 of the Dutch Civil Code and statutory interest, and I will take further steps to recover the amount due.
I look forward to your reply.
Kind regards,
[Your name and signature]
What if your employer still does not pay?
Then you can bring your claim before the subdistrict court, which hears all employment cases whatever the amount. You do not need a lawyer there, although legal advice helps you avoid mistakes.
If you need the money urgently, for example because you cannot pay your rent, you can start summary proceedings (kort geding) for payment of the wages. The court can then order your employer to pay within weeks, if your claim is sufficiently clear. Otherwise you start ordinary proceedings with a writ of summons. In both cases the court can also decide on the statutory increase and interest. A judgment is enforced by a bailiff, who can attach the employer’s bank account or assets.
In summary
- Your employer must pay your wages on the agreed date and give you a payslip.
- Wages remain due during sickness (at least 70 percent for up to 104 weeks) and until the contract has actually ended.
- On top of late wages you can claim a statutory increase of up to 50 percent and statutory interest.
- Send a written demand with a short deadline; the claim is time-barred after five years.
- If your employer does not pay, go to the subdistrict court; if your employer is bankrupt, the UWV takes over part of the wages.
Frequently asked questions
When can I file a wage claim against my employer in the Netherlands?
As soon as your employer has not paid your wages on the agreed payment date. Check first whether the employer refuses to pay or simply cannot pay, because the best route differs in each case.
What should a wage claim letter include?
Your details and those of your employer, your position and working hours, the period and amount that has not been paid, a deadline for payment and a claim for the statutory increase and statutory interest. Keep a copy and proof of sending.
Can I claim extra compensation for late payment of wages?
Yes. Under Article 7:625 of the Dutch Civil Code you can claim a statutory increase of up to 50 percent of the unpaid wages, plus statutory interest. The court may reduce the increase.
What happens if my employer cannot pay because of insolvency?
A demand letter will not help then. Once the employer is declared bankrupt, the UWV takes over part of the unpaid wages under the wage guarantee scheme.
Is there a time limit for claiming unpaid wages?
Yes. A claim for wages is time-barred five years after it became due, unless the limitation period is interrupted, for example by a written demand.
Our employment lawyers assist employees and employers with wage claims, sickness and dismissal. You can read the statutory rules on wages in Book 7 of the Dutch Civil Code, and find more topics in our index of Dutch employment law guides.
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