Your rights as an expat worker in the Netherlands

As an expat employee in the Netherlands, you have the same employment rights as a Dutch colleague: Dutch employment law does not distinguish by nationality. The one real difference arises if your residence permit depends on your job, because then losing that job also affects your right to stay.

In practice, this means you are protected against dismissal without a valid reason, you keep receiving at least 70 percent of your salary when you are ill, and you are entitled to paid holiday and a holiday allowance. Below we explain the main rules, where expats run into problems and what you can do if something goes wrong.

Does Dutch employment law apply to you?

If you normally work in the Netherlands, Dutch employment law generally applies, even if your contract was signed abroad or names the law of another country. Under Article 8 of the Rome I Regulation, a choice of foreign law cannot take away the protection of the mandatory Dutch rules that would otherwise apply.

The core rules are in Title 10 of Book 7 of the Dutch Civil Code (Burgerlijk Wetboek, BW), which you can consult on wetten.overheid.nl. Most of these rules are mandatory. Your employer cannot agree less favourable terms with you, even if you sign a contract that says otherwise.

This applies equally to EU citizens, non-EU nationals, highly skilled migrants and workers placed through an employment agency. Agency workers are covered by the same Civil Code, although the rules on fixed-term contracts and dismissal are partly relaxed for them during the first phase of their placement.

Before you start work, you must be registered with the municipality (gemeente) where you live, or as a non-resident, so that you receive a citizen service number (burgerservicenummer, BSN). Your employer needs this number to pay your salary and to deduct tax and social security contributions.

What does the good employer principle mean for you?

Your employer must act as a good employer (goed werkgever) under Article 7:611 BW. This open standard requires your employer to treat you reasonably and fairly, in hiring, in day-to-day management and when the employment ends.

The principle does not give your employer a free hand to change your salary, working hours or other essential terms. A unilateral change is only possible if your contract contains a written change clause and your employer has a serious interest that outweighs yours (Article 7:613 BW). Without such a clause, a change requires your consent, or a proposal so reasonable that refusing it would itself be unreasonable.

Dutch courts apply this standard regularly. An employee who is suddenly moved to a lower-paid role without discussion, for example, can often ask the subdistrict court (kantonrechter) to restore the original terms.

Does a collective labour agreement apply to you?

Check this early, because a collective labour agreement (cao) can give you considerably more than the statutory minimum. A cao is negotiated between trade unions and employers’ organisations and sets terms for a company or an entire sector.

A cao applies to you if your employer is a member of the employers’ organisation that signed it, or if the Minister of Social Affairs and Employment has declared it generally binding for the sector. In that case it applies to all employees in that sector, expats included.

Many cao’s provide more holiday days than the statutory minimum, supplement sick pay to 100 percent in the first year, or include a pension scheme. Your employment contract should state which cao applies. If it does not, ask your HR department or the relevant trade union.

What must your employment contract contain?

Your employer must give you the key terms of your employment in writing, at the latest within one week of your first working day for the most important items (Article 7:655 BW). You do not need to accept vague or oral arrangements.

The written information must include, among other things:

• your salary and how it is calculated, and when it is paid
• your working hours and, for variable hours, the reference hours and days
• your job title or description of your duties
• the notice period, or how it is calculated
• your holiday entitlement and holiday allowance
• whether a cao and a pension scheme apply

If your employer fails to provide this, you can ask the subdistrict court to order it. In a dispute, missing information usually works against the employer, because the employer bears the burden of providing it.

Fixed-term or permanent contract: how long can temporary contracts continue?

Your employer may offer you at most three consecutive fixed-term contracts within three years. A fourth contract, or a chain that lasts longer than 36 months, automatically becomes a permanent contract (Article 7:668a BW).

A chain is broken only if there is a gap of more than six months between two contracts. A cao may deviate from these limits for certain functions, so always check whether an exception applies to you.

The Senate adopted the Act on more security for flexible workers (Wet meer zekerheid flexwerkers) in July 2026. Among other things, it extends the gap needed to break a chain and replaces zero-hours contracts with contracts that state a minimum and maximum number of hours. The act enters into force on a date still to be set by royal decree. Until then, the current rules apply.

Under those current rules, an employer who calls you in on a zero-hours or min-max contract must give you at least four days’ notice (Article 7:628a BW). After twelve months, your employer must offer you a contract with fixed hours based on the average hours you worked in that year.

How long can a trial period be?

A trial period (proeftijd) must be agreed in writing and is subject to strict maximums under Article 7:652 BW. It is not allowed at all for a contract of six months or less.

For a fixed-term contract of more than six months but less than two years, the maximum is one month. For a contract of two years or longer, or a permanent contract, it is two months. During a valid trial period, either party can end the contract with immediate effect. A trial period that is longer than allowed is void in its entirety.

When is a non-compete clause valid?

A non-compete clause (concurrentiebeding) must be agreed in writing with an adult employee (Article 7:653 BW). In a fixed-term contract it is only valid if your employer explains in writing which substantial business interests make the clause necessary.

Even a valid clause can be set aside or limited by the court if it unfairly restricts you compared with your employer’s interest. Judges look at the duration, the geographical scope and whether you actually had access to sensitive knowledge or clients.

What salary are you entitled to?

You are entitled at least to the statutory minimum wage, which since 1 January 2024 applies per hour worked. On top of that, you are entitled to a holiday allowance (vakantiebijslag) of at least 8 percent of your gross salary under the Minimum Wage and Minimum Holiday Allowance Act (WML).

The minimum wage is adjusted on 1 January and 1 July each year. You can find the current hourly amounts on government.nl. The holiday allowance is usually paid once a year in May or June, although some employers pay it monthly.

The law gives no general right to extra pay for overtime. Whether you receive overtime pay depends on your contract or the applicable cao. Your hours are also limited by the Working Hours Act (Arbeidstijdenwet), for example to a maximum of 12 hours per shift and 60 hours in a single week.

If you work in the Netherlands as a highly skilled migrant (kennismigrant), your salary must also meet the income requirement set by the Immigration and Naturalisation Service (IND). This threshold is well above the minimum wage and is updated every year. If your salary drops below it, for example because your hours are reduced, your residence permit may be at risk.

What about the 30% ruling?

The 30% ruling allows your employer to pay part of your salary tax-free as compensation for the extra costs of working abroad. The ruling is a tax matter, handled by the Tax and Customs Administration (Belastingdienst), and its conditions have been tightened in recent years.

Whether you qualify, which percentage applies and which salary threshold you must meet depends on when the ruling started for you. We do not advise on tax structuring. For your individual position, consult a tax adviser.

How much holiday are you entitled to?

You are entitled to at least four times your weekly working hours in paid holiday each year (Article 7:634 BW). If you work five days a week, that equals 20 days.

Many employers and cao’s give more, often 24 to 30 days. The statutory days expire six months after the end of the calendar year in which you built them up, unless you were reasonably unable to take them (Article 7:640a BW). Extra days above the statutory minimum expire only after five years.

Your employer must actually give you the opportunity to take your holiday and must warn you in good time that your days are about to expire. If your employer fails to do so, the statutory days do not lapse.

What leave do you get when you have a child?

Pregnant employees are entitled to at least 16 weeks of pregnancy and maternity leave, during which the Employee Insurance Agency (UWV) pays a benefit equal to 100 percent of salary, up to the maximum daily wage. The rules are in the Work and Care Act (Wet arbeid en zorg, WAZO).

The partner of the mother is entitled to one week of birth leave (geboorteverlof), equal to the weekly working hours, with full pay from the employer. After that, the partner can take up to five weeks of additional birth leave, for which UWV pays 70 percent of the daily wage, up to 70 percent of the maximum daily wage.

Each parent is also entitled to parental leave (ouderschapsverlof) of 26 times the weekly working hours, until the child turns eight. Nine of those weeks are paid by UWV at 70 percent of the daily wage, provided you take them in the child’s first year. The remaining weeks are unpaid unless your employer or cao provides otherwise.

What happens to your salary when you are ill?

When you are ill, your employer must continue to pay at least 70 percent of your salary for up to 104 weeks (Article 7:629 BW). In the first 52 weeks, you must receive at least the minimum wage.

Many cao’s and contracts provide for 100 percent in the first year and 70 to 85 percent in the second year. During your illness, you work with the company doctor (bedrijfsarts) and your employer on your return to work. Together you draw up a plan of action, and you must cooperate with reasonable reintegration efforts. If you refuse without good reason, your employer may suspend your salary.

During the first two years of illness, your employer may not dismiss you on account of that illness (Article 7:670 BW). This dismissal ban does not apply if you became ill after your employer had already filed a dismissal request with UWV, or during a trial period.

Are you protected against discrimination?

Yes. The General Equal Treatment Act (Algemene wet gelijke behandeling) prohibits distinction on grounds such as nationality, race, religion, sex and sexual orientation. Separate acts prohibit discrimination on grounds of age, disability or chronic illness, and working hours or type of contract.

The prohibition covers recruitment, pay, promotion, working conditions and dismissal. A dismissal that is based on a discriminatory ground can be annulled by the court.

Your employer must also protect you against harassment and must have a policy on undesirable behaviour under the Working Conditions Act (Arbowet). If you report wrongdoing within the organisation in good faith, the Whistleblower Protection Act (Wet bescherming klokkenluiders) protects you against retaliation.

Can your employer simply dismiss you?

No. The Netherlands has a closed dismissal system: your employer needs a reasonable ground listed in Article 7:669 BW and, as a rule, prior permission from UWV or a decision of the subdistrict court.

Which route your employer must take depends on the reason for dismissal.

The statute lists the grounds a to i, including redundancy for economic reasons, long-term incapacity for work, frequent sickness absence, poor performance, culpable conduct, a disrupted working relationship and a combination of grounds. The employer must prove the ground and show that reassignment to another suitable position is not possible.

A dismissal for poor performance, for example, requires that your employer told you in good time what was wrong, gave you a genuine opportunity and support to improve, and that the problem is not caused by insufficient care for your training or working conditions. Courts regularly reject dismissal requests because the employer’s file is too thin.

Dismissal with immediate effect for an urgent reason (ontslag op staande voet) is possible without permission, but only for serious misconduct such as theft or fraud, and your employer must act immediately and tell you the reason (Article 7:677 and 7:678 BW). You can challenge such a dismissal in court within two months.

What notice period and severance apply?

Your employer must observe a notice period of one to four months, depending on how long you have worked there (Article 7:672 BW). As an employee, you normally give one month’s notice, unless your contract states otherwise.

In the UWV route, the time the procedure took may be deducted from the notice period, as long as at least one month remains. In the court route, the court sets the end date and takes the notice period into account.

If your employer ends the employment or does not renew a fixed-term contract, you are entitled to a transition payment (transitievergoeding) under Article 7:673 BW. It amounts to one third of your monthly salary for each year of service, calculated pro rata for the remaining months. There is a statutory maximum, which is adjusted each year.

You are not entitled to a transition payment if the dismissal is the result of your own seriously culpable conduct. If your employer acted in a seriously culpable way, for example by making you ill through unacceptable working conditions, the court may award an additional fair compensation (billijke vergoeding).

Should you sign a settlement agreement?

Many employment relationships end by mutual consent in a settlement agreement (vaststellingsovereenkomst). This is often faster, and it gives room to agree a higher payment, a later end date or garden leave while you look for a new job.

You have a statutory cooling-off period of 14 days after signing, in which you can withdraw without giving reasons (Article 7:670b BW). Your employer must mention this right in the agreement; if it does not, the period is three weeks.

Read the agreement carefully before signing. To protect your right to unemployment benefit, it should state that the initiative came from the employer, that you are not to blame and that the notice period has been observed. If you hold a residence permit linked to your job, also think about the end date in relation to your search period. Our lawyers can review a settlement agreement before you sign.

Are you entitled to unemployment benefit?

You can receive unemployment benefit (WW-uitkering) from UWV if you worked at least 26 of the 36 weeks before you became unemployed and you are available for work. The benefit is 75 percent of your previous daily wage for the first two months and 70 percent after that, up to a maximum.

The benefit lasts at least three months. With a longer work history, it can last longer, up to a maximum of 24 months. If you resign yourself without an urgent reason, or if you are to blame for your dismissal, UWV can refuse the benefit. Check the conditions with UWV before you sign anything.

What happens to your residence permit if you lose your job?

If you hold a highly skilled migrant permit and your employment ends, you generally have a search period (zoekperiode) of three months to find a new job with a recognised sponsor. During that period, your permit remains valid for that purpose.

Your employment law rights are not reduced because of your permit. The dismissal rules, the transition payment and the sick pay rules apply to you in full. The practical pressure is greater, however, because your right to stay depends on finding new qualifying work in time.

Your employer, as a recognised sponsor (erkend referent), must report the end of your employment and other relevant changes to the IND within four weeks. You also have your own duty to inform the IND of changes that affect your permit. If you are negotiating the end of your contract, pay attention to:

• whether the notice period and any payment give you enough financial room
• the date on which the employment formally ends, since the search period starts from there
• whether a new employer is a recognised sponsor and can apply for your permit quickly

The partner of a highly skilled migrant may usually work in the Netherlands without a separate work permit. More on this in our article on the partner of a highly skilled migrant. Before you change jobs or accept a change in your terms, ask an immigration lawyer how it affects your permit.

Is there a difference between EU and non-EU workers?

Nationals of the EU, the EEA and Switzerland do not need a residence or work permit to work in the Netherlands. They must register with the municipality if they stay longer than four months.

Non-EU nationals generally need a residence permit that allows work, and often their employer needs a work permit (tewerkstellingsvergunning) from UWV, unless an exception such as the highly skilled migrant scheme applies. The employment law protections themselves are the same for both groups.

What can you do if something goes wrong?

Start by raising the problem with your manager or HR department and put it in writing. A clear email with dates and facts creates a record that is often decisive later.

If your employer does not pay your salary on time, you can claim statutory interest and, after a delay, a statutory increase of up to 50 percent (Article 7:625 BW). Your claim for salary becomes time-barred after five years, but do not wait: a quick demand letter is usually more effective.

In case of discrimination, you can contact the anti-discrimination service in your municipality or ask the Netherlands Institute for Human Rights (College voor de Rechten van de Mens) for an opinion, which is free of charge. Unsafe work, underpayment or exploitation can be reported to the Netherlands Labour Authority (Nederlandse Arbeidsinspectie).

Deadlines are short in several situations. To challenge a summary dismissal or to ask the court to annul a termination, you generally have two months. For a dispute about the end of a fixed-term contract or the transition payment, the period is three months.

In summary

• As an expat you have the same employment rights as Dutch employees, and mandatory Dutch law cannot be excluded by a foreign contract.
• Your employer needs a statutory ground and permission from UWV or the court to dismiss you.
• When ill, you receive at least 70 percent of your salary for up to two years and cannot be dismissed for that illness.
• You are entitled to at least four times your weekly hours in paid holiday and an 8 percent holiday allowance.
• If your permit depends on your job, plan the end date and the three-month search period carefully.

Frequently asked questions

Law & More advises expats and international employers on Dutch employment and immigration law, in English. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.

How Law & More can help you with this is explained on our employment lawyer page.