Principal statutory framework — Arbeidstijdenwet, Wet minimumloon, and Wet arbeid en zorg
Statutory employment benefits and leave in the Netherlands are governed by three principal acts: the Arbeidstijdenwet (Working Hours Act, ATW), the Wet minimumloon en minimumvakantiebijslag (Minimum Wage and Minimum Holiday Allowance Act, WML), and the Wet arbeid en zorg (Work and Care Act, WAZO).
Arbeidstijdenwet (Working Hours Act) The Arbeidstijdenwet sets maximum working hours, minimum rest periods, and rules for night work, Sunday work, and on-call duty. It covers employees aged 18 and older, including agency and posted workers, though certain groups may have sector-specific exclusions under the Arbeidstijdenbesluit. According to Rijksoverheid summary guidance, employees earning at least three times the statutory minimum wage may be exempt from most rules, but not from provisions about night work and hazardous conditions. The Act is enforced by the Nederlandse Arbeidsinspectie, which can impose administrative fines or pursue prosecution for violations.
Wet minimumloon en minimumvakantiebijslag (WML) The WML sets the statutory minimum hourly wage and mandates an 8% holiday allowance (vakantiegeld) on gross wages. Since 1 January 2024, the minimum wage is only defined as an hourly rate; monthly, weekly, and daily rates were abolished. As of 1 July 2026, the minimum wage is set at €14.99 gross per hour for employees aged 21 and older. This is an increase from the previous statutory minimum of €14.71 per hour effective 1 January 2026. Youth rates apply for ages 15 to 20, set as a percentage of the adult minimum. Minimum wage is reviewed and indexed every 1 January and 1 July, according to average wage trends as determined by CBS. The 8% holiday allowance is paid in addition to base wage, usually as a lump sum in May or June or by another agreed method. Statutory minimum wage compliance and holiday pay are strictly enforced, and violations result in administrative fines, set and updated by regulation.
Wet arbeid en zorg (Work and Care Act, WAZO) The WAZO (in force since 1 December 2001) covers statutory leave entitlements including maternity, paternity/partner, parental, adoption, and various short-term and long-term care leaves, as well as emergency (calamity) leave. Leave duration, payment (ranging from full wage to unpaid), and administration are defined in statute and corresponding regulations. The UWV administers and pays statutory benefits for most leave types; employers generally advance the payments to employees and are reimbursed by the UWV.
Statutory annual vacation — Burgerlijk Wetboek Article 7:634 Statutory paid annual vacation is founded in Article 7:634 BW, separate from WAZO. The minimum entitlement per year is four times the number of agreed weekly working days/hours; for a full-time five-day workweek this is 20 statutory vacation days. Pro-rata entitlements for part-time workers are the standard interpretation and are referenced in Rijksoverheid guidance. Statutory days expire six months after the year of accrual (Article 7:640a BW). Collective agreements (cao's) commonly provide additional vacation days (bovenwettelijke vakantiedagen), which usually expire after five years.
Role of collective agreements (cao's) According to government data, over 70% of Dutch employees are covered by sector and enterprise-level cao's. Cao's may supplement, but not reduce, minimum statutory rights for working hours, wage, leave, or vacation. Where a cao provides rights more favourable to the employee, those terms override the employment contract to the extent of the improvement, but cannot fall below the statutory floors set by the ATW, WML, WAZO, and BW.
Material update as of July 2026: The statutory minimum wage for employees aged 21 and older increased to €14.99 per hour as of 1 July 2026 (previously €14.71 as of 1 January 2026). No other principal framework statutes have materially changed as of this update.
Source: Arbeidstijdenwet Source: Wet minimumloon en minimumvakantiebijslag Source: Wet arbeid en zorg Source: Rijksoverheid — Werktijden Source: Rijksoverheid — Bedragen minimumloon juli 2026
Maximum working hours and mandatory rest periods — Arbeidstijdenwet Article 5:7 limits
The Arbeidstijdenwet (Working Hours Act) establishes strict maximum working hours and minimum rest periods for employees aged 18 and older working in the Netherlands. These limits are among the most frequently inspected provisions by the Nederlandse Arbeidsinspectie (Netherlands Labour Authority) and trigger administrative fines when breached.
Maximum working hours — Article 5:7 ATW
Under Article 5:7, second paragraph of the Arbeidstijdenwet, employers must organize work so that employees aged 18 and older work no more than:
- 12 hours per shift (per dienst);
- 60 hours per week (measured from Monday 00:00 to Sunday 23:59); and
- An average of 48 hours per week over any rolling 16-week period (excluding breaks).
The 48-hour average over 16 weeks implements the EU Working Time Directive (2003/88/EC) and functions as the binding long-term limit. The 60-hour weekly maximum and 12-hour daily maximum are short-term ceilings that may be reached only occasionally; sustained 60-hour weeks will breach the 48-hour average within four months.
Article 5:7, third paragraph establishes an additional intermediate limit: employees may work an average of 55 hours per week over any rolling 4-week period. A collective labour agreement (cao) may modify this 4-week / 55-hour rule, but the 16-week / 48-hour average and the absolute 12-hour daily and 60-hour weekly maxima remain binding and cannot be increased by agreement.
Minimum rest periods — Articles 5:3 and 5:5 ATW
Employees aged 18 and older are entitled to:
- Daily rest: A minimum of 11 consecutive hours of rest in every 24-hour period, measured from the start of the first shift. This may be reduced to 8 hours once in every 7-day period if required by the nature of the work or business circumstances (Article 5:3, second paragraph).
- Weekly rest: A minimum of 36 consecutive hours of rest in every 7-day period (Article 5:5, first paragraph). Alternatively, the employer may provide 72 consecutive hours of rest in every 14-day period (Article 5:5, second paragraph). Many employers use the 14-day / 72-hour option to accommodate rotating shift patterns.
- Night shift rest: After a night shift ending after 02:00, the employee must receive at least 14 consecutive hours of rest before the next shift (Article 5:8, first paragraph). After three or more consecutive night shifts, the employee must receive at least 46 consecutive hours of uninterrupted rest (Article 5:8, second paragraph, as corrected; sources vary on whether this is 46 or 48 hours, with 46 hours being the text most commonly cited in enforcement guidance).
Break entitlements — Article 5:4 ATW
Employees aged 18 and older are entitled to:
- A 30-minute break (which may be split into two 15-minute breaks) if working more than 5.5 hours in a shift; and
- A 45-minute break (which may be split into breaks of at least 15 minutes each) if working more than 10 hours in a shift.
Breaks are unpaid and do not count toward working time.
High-income exemption — Article 2:7 ATW
Employees whose annual wage equals or exceeds three times the statutory minimum wage (including the 8% holiday allowance) are exempt from most Arbeidstijdenwet limits, except the provisions governing night work and hazardous work. For 2026, with the statutory minimum wage at €14.71 per hour (€15.89 including holiday allowance) effective 1 January 2026, the three-times threshold is approximately €99,300 gross per year for a full-time employee (40 hours per week, 52 weeks). Employers relying on this exemption must confirm annually that the employee's wage meets the threshold.
Enforcement — Nederlandse Arbeidsinspectie
The Nederlandse Arbeidsinspectie (Labour Inspectorate) enforces the Arbeidstijdenwet through unannounced inspections, employee complaints, and targeted sector campaigns. Violations of Article 5:7 (maximum hours) and Articles 5:3, 5:5 (rest periods) are designated as beboetbare feiten (administrative fine offenses) under Article 10:7 of the Act.
Following the Court of Justice of the European Union ruling in CCOO v. Deutsche Bank (C-55/18), Dutch employers are required to maintain an objective and reliable system for recording daily working time for each employee. The Labour Inspectorate uses time-recording data as primary evidence in working-hours enforcement actions. Failure to maintain adequate records is itself a fineable offense (€10,000 under the Beleidsregel boeteoplegging Arbeidstijdenwet).
Collective agreement derogations — Article 5:7, fourth paragraph
A cao (collective labour agreement) may derogate from the 4-week / 55-hour average limit (Article 5:7, third paragraph), but may not increase the 16-week / 48-hour average, the 60-hour weekly maximum, or the 12-hour daily maximum. Employers applying a cao derogation must verify that the relevant cao provision applies to the employee's role and that the cao has been declared generally binding (algemeen verbindend verklaard) if the employee is not a union member.
Source: Arbeidstijdenwet — Hoofdstuk 5 Source: Rijksoverheid — Wettelijke regels werktijden en rusttijden
Sick leave — employer's wage-continuation obligation for up to 104 weeks (Article 7:629 BW)
Under Article 7:629 of the Burgerlijk Wetboek (Dutch Civil Code, Book 7), an employer is obliged to continue paying wages to an employee who is unable to work due to illness, pregnancy, or organ donation for up to 104 weeks (two years) from the first day of incapacity. This loondoorbetalingsverplichting (continued wage payment obligation) is one of the most demanding sick-leave regimes in Europe and distinguishes the Netherlands from jurisdictions where short-term disability insurance or state benefits assume payment after the first weeks of illness.
Minimum payment level — 70% of salary, with a minimum-wage floor in year one
The statutory minimum is 70% of the employee's agreed wage (overeengekomen loon) for the full 104-week period. During the first 52 weeks, the employer must pay at least the statutory minimum wage even if 70% of the employee's salary would fall below that floor. During the second 52 weeks, the minimum-wage floor no longer applies, and the employer pays 70% of the agreed wage without a statutory floor (except that the total may not exceed the maximum daily wage under the Wet financiering sociale verzekeringen).
In practice, many collectieve arbeidsovereenkomsten (collective labour agreements, CAOs) and individual employment contracts provide more generous terms—commonly 100% of salary during the first year and 70% (or more) during the second year. The statutory 70% is a floor, not a ceiling.
The "agreed wage" includes base salary, the statutory 8% holiday allowance (vakantiegeld), and fixed allowances that are part of regular compensation (such as a structural shift allowance). Variable overtime and incidental bonuses are generally excluded unless they are sufficiently structural to qualify as salary components.
No small-employer exemption
Article 7:629 BW applies to all employers regardless of size, including sole traders with a single employee. There is no exemption for small businesses. Many small employers purchase private verzuimverzekering (absence insurance) to transfer the financial risk of long-term sick leave to an insurer, but the statutory obligation remains with the employer if the insurer declines coverage or the employer chooses not to insure.
Limited exemptions — domestic workers and AOW-age employees
For employees who perform almost exclusively domestic personal services for fewer than four days per week, and for employees who have reached the AOW-pensionable age (the Dutch state pension age, currently being raised to 67), the employer's wage-continuation obligation is limited to six weeks under Article 7:629, paragraph 2.
Four-week relapse rule — periods of illness are aggregated
If an employee falls ill again within four weeks of returning to work, the new sick period is treated as a continuation of the original illness for the purpose of the 104-week calculation. This prevents the employer's obligation from being reset by a brief return. If more than four weeks have passed, a fresh 104-week period begins, even if the new illness is medically related to the previous one.
Waiting days — optional, must be specified in contract or CAO
Dutch law permits employers to impose up to two waiting days (wachtdagen) at the start of each period of illness, during which the employer is not required to pay sick pay (Article 7:629, paragraph 9 BW). Waiting days must be specified in the employment contract or CAO to apply; they do not apply automatically. In practice, many employers and CAOs have abolished waiting days entirely, and others apply only one waiting day rather than the maximum of two. If an employee relapses within four weeks of a previous period of illness, no new waiting days apply—the periods are counted as one continuous period.
Employer's right to withhold pay — limited circumstances under paragraph 3
Article 7:629, paragraph 3 BW permits the employer to suspend or withhold sick pay if the employee:
- Deliberately caused the illness or disability;
- Refuses to cooperate with the bedrijfsarts (company doctor) or with the plan van aanpak (action plan) under the Wet verbetering poortwachter (Gatekeeper Improvement Act);
- Fails to comply with reasonable sick-leave notification rules;
- Refuses suitable alternative work (passende arbeid) without valid medical grounds; or
- Obstructs recovery by engaging in activities incompatible with returning to health.
Before suspending wages, the employer must formally warn the employee and give them an opportunity to comply. An immediate suspension without prior warning exposes the employer to claims for full salary, including the suspended amounts. Employers often request a deskundigenoordeel (expert opinion) from the UWV (Uitvoeringsinstituut Werknemersverzekeringen, the Employee Insurance Agency) before withholding pay to confirm that the employee's refusal is without valid grounds.
Interaction with the Wet verbetering poortwachter — reintegration obligations
The employer's wage-continuation obligation under Article 7:629 BW operates in parallel with the employer's reintegration obligation under Article 7:658a BW and the procedural framework of the Wet verbetering poortwachter (Gatekeeper Improvement Act, enacted 2002). The Gatekeeper Act requires the employer to engage a bedrijfsarts, produce a probleemanalyse (problem analysis) within six weeks, agree on a plan van aanpak (action plan) with the employee within eight weeks, and actively pursue spoor 1 (reintegration within the employer's own business) and, if necessary, spoor 2 (placement with a different employer) throughout the 104-week period.
If the UWV determines at the end of the 104 weeks that the employer has not made sufficient reintegration efforts, the UWV may impose a loonsanctie (wage sanction) that extends the employer's wage-continuation obligation by up to 52 additional weeks (to a maximum of 156 weeks total).
Dismissal prohibition during sick leave — Article 7:670 BW
Article 7:670 BW prohibits the employer from terminating the employment contract of an employee during the first 104 weeks of illness (the opzegverbod bij ziekte, or dismissal ban during sickness). The employer cannot obtain UWV permission to dismiss on grounds related to the illness during this period. After 104 weeks (or 156 weeks if a wage sanction applies), the dismissal prohibition expires if the employee has applied for a WIA (Wet werk en inkomen naar arbeidsvermogen, Work and Income according to Labour Capacity Act) benefit or is eligible to do so, and the employer may then request UWV permission to dismiss.
Practical significance for cross-border employers
The two-year wage-continuation obligation is the single most significant liability a foreign employer assumes when hiring an employee in the Netherlands on a direct contract. Unlike the United Kingdom, Germany, or the United States, the Netherlands places the full financial burden of employee illness on the employer for two full years with no state subsidy. Combined with the Gatekeeper Act's procedural obligations, this regime makes employer-of-record (EOR) arrangements and private absence insurance standard risk-management tools for new employers in the Dutch market.
Source: Burgerlijk Wetboek Boek 7 — Artikel 629 Source: Rijksoverheid — Loondoorbetaling bij ziekte
Statutory maternity, paternity, and parental leave — durations, pay levels, and administration under the Work and Care Act (WAZO)
The Wet arbeid en zorg (WAZO, Work and Care Act) provides the statutory foundation for maternity, paternity (partner), and parental leave entitlements in the Netherlands. The law specifies the duration of leave, statutory payment percentages, benefit caps, and whether pay comes from the employer or the Employee Insurance Agency (UWV).
Maternity leave (zwangerschaps- en bevallingsverlof — Articles 3:1–3:5 WAZO) Pregnant employees are entitled to at least 16 weeks of leave, comprising both prenatal (zwangerschapsverlof) and postnatal (bevallingsverlof) periods. Leave must begin between 4 and 6 weeks before the expected due date (employee's choice). If the employee works closer to the due date, residual prenatal entitlement extends the postnatal leave, but postnatal leave always lasts at least 10 weeks. Maternity leave is paid at 100% of the employee’s regular wage, up to a statutory daily maximum (maximumdagloon), with payment administered by the UWV. The law requires the employer to apply for the benefit and advance payment to the employee, after which the UWV reimburses the employer.
Paternity/partner leave (geboorteverlof and aanvullend geboorteverlof — Articles 4:2 and 4:2a WAZO) Partners (including non-married cohabitants registered at a shared address) are entitled to paid geboorteverlof of 1 workweek (based on contracted weekly hours) at 100% pay, borne by the employer (Article 4:2 WAZO). In addition, supplementary partner leave (aanvullend geboorteverlof) of up to 5 weeks can be taken within the first 6 months after the child’s birth (Article 4:2a WAZO). The supplementary leave is paid at 70% of the employee’s wage (capped at the maximum daily wage), with payment made by the UWV—employers do not pay this portion, except to advance and recover from UWV if agreed.
Parental leave (ouderschapsverlof — Article 6:1 WAZO, as amended) Each parent is entitled to 26 times their weekly working hours (e.g., 26 weeks for a full-time worker) per child up to the child’s eighth birthday. Since August 2022, 9 of these weeks are paid at 70% of salary (up to the maximum daily wage) if taken within the child’s first year, with the rest unpaid as a statutory minimum unless enhanced by contract or collective agreement. UWV administers and pays the benefit for these 9 weeks; the remaining weeks are typically unpaid unless contractually provided otherwise.
Administration, notice, and collective agreements Applications for statutory leave benefits are made to the UWV, generally by the employer for maternity and (supplementary) partner leave and directly by employees for parental leave under certain circumstances. Statutory rules require employee notice—usually at least 3 weeks prior for maternity and supplementary partner leave, and at least 2 months for parental leave (Article 6:2 WAZO). Collective labour agreements (cao) and individual contracts may grant more generous leave or pay, but cannot reduce these statutory floors.
Source: Wet arbeid en zorg (WAZO) – Articles 3:1–3:5, 4:2, 4:2a, 6:1
Statutory public holidays — mandatory paid leave and substitution rules under Dutch law
There is no single statute in Dutch law that designates public holidays (feestdagen) as mandatory paid days off for private-sector employees. The principal source, Article 4 of the General Extension of Time Limits Act (Algemene Termijnenwet, ATW; not to be confused with the Working Hours Act) defines the dates of official Dutch public holidays for the purpose of statutory deadlines. However, Dutch employment law does not confer an automatic right to a paid day off on these holidays; entitlement depends on the terms of the employment contract or a binding collective labour agreement (cao).
Which days are official public holidays? The Algemene Termijnenwet, Article 3, lists the following as national holidays for the application of statutory periods: New Year’s Day (1 January), Good Friday (Goede Vrijdag), Easter Monday, Ascension Day, King’s Day (27 April), Liberation Day (5 May — a full public holiday only once every five years, otherwise by cao arrangement), Whit Monday (Pinksteren), Christmas Day (25 December), and Boxing Day (26 December). Queen’s Day (Koningsdag) and other holidays can be added by cao or individual contract; there is no exhaustive statutory schedule within the BW itself.
Employer obligations: paid leave not automatic The Burgerlijk Wetboek (Civil Code) Book 7 contains no provision compelling private employers to give paid leave on public holidays. Customary practice, sectoral cao’s, or individual contracts typically grant the day as paid leave (doorbetaalde vrije dag) for most industries, but this may be contractually excluded—particularly in hospitality, healthcare, and logistics. In such cases, work on a public holiday is generally compensated with a wage supplement or substitute leave (compensatieverlof), as set out in the cao or contract. Employees required to work on a holiday are not entitled to mandatory premium pay under general law unless the cao or contract provides for it, but Article 6:4 BW (good employment practice) and the Working Hours Decree may require reasonable arrangements.
Substitution and overlap with sick or pregnancy leave When a public holiday falls during an employee’s vacation or statutory leave (e.g., sick leave, maternity leave), the rules for non-statutory (bovenwettelijke) vacation days often allow the day to be retaken, but statutory vacation days (wettelijke vakantiedagen) are not generally replenished for holidays falling within sick leave. Contracts and cao’s may stipulate more favorable rules. There is no explicit right in the BW to substitute a public holiday falling within sick or maternity leave with another day of paid leave. Some cao’s require substitution or compensation.
Public sector carve-outs A separate regime applies to public sector workers: Dutch civil servants are granted leave on public holidays under the Algemene Collectieve Arbeidsovereenkomst voor het Rijk (General Collective Agreement for Civil Servants).
Source: Algemene Termijnenwet Art. 3-4 Source: Rijksoverheid — Officiële feestdagen en recht op vrije dag
Statutory annual vacation — accrual, usage, expiration, and distinction between statutory and non-statutory days (Burgerlijk Wetboek Article 7:634–7:641)
Article 7:634 of the Dutch Civil Code (Burgerlijk Wetboek, BW) establishes the baseline entitlement to statutory annual vacation (wettelijke vakantiedagen) for employees working in the Netherlands. Every employee is entitled to at least four times the agreed number of working hours per week in paid vacation per year. For a full-time employee on a five-day, 40-hour workweek, this equates to 20 days or 160 hours of statutory vacation annually. Part-time employees accrue vacation on a pro-rata basis according to contracted hours.
Accrual: Vacation entitlement accrues as the employment relationship continues—Article 7:640 BW requires accrual throughout the year rather than as an upfront grant. If employment terminates mid-year, accrued but unused vacation must be paid out in cash (Article 7:641 BW). During periods of illness, pregnancy, or other protected leave, accrual continues unless the employee is found to have unreasonably refused suitable work (Article 7:635a BW).
Usage and employer control: Vacation dates are set with the employee’s wishes as the primary consideration, subject to business needs (Article 7:638 BW). The employer may only refuse a vacation request for compelling business reasons, defined strictly by case law and narrowly interpreted. If an employee does not use all accrued vacation by year-end, the statutory vacation days expire six months after the end of the calendar year (Article 7:640a BW), except where the employee was reasonably unable to take them. Beyond that period, unused statutory days lapse without payment, unless the employee was prevented by, for example, prolonged illness or maternity leave.
Non-statutory (bovenwettelijke) days: Many collective labour agreements (cao) and some contracts provide additional non-statutory vacation days (bovenwettelijke vakantiedagen). These typically have a five-year expiry under Article 7:642 BW and are paid out on termination just as statutory days are. The distinction matters for expiry, payout at contract end, and certain types of protected leave.
Pay during vacation: Article 7:639 BW requires that employees receive their full regular pay during vacation, including salary components that are structural and regular. This includes base salary and fixed allowances; variable bonuses or overtime are only included if structurally recurring.
No waiver below minimum: The statutory minimum of four times the weekly working hours may not be reduced by contract or CAO (Article 7:634(4) BW). More favorable terms may always be agreed, but never less than the statutory floor.
Summary table:
- Statutory minimum: 4 × weekly contracted hours; expires in 6 months
- Non-statutory (bovenwettelijk): any extra, typically 5-year expiry
- Accrues during sick/maternity leave
- Payout for unused days on termination
Short-term and long-term care leave (zorgverlof) — statutory entitlements under the Wet arbeid en zorg (WAZO)
The Wet arbeid en zorg (WAZO) establishes two distinct categories of carer’s leave for employees in the Netherlands: kortdurend zorgverlof (short-term care leave) and langdurend zorgverlof (long-term care leave). These entitlements address care obligations towards ill or dependent family members and are among the most cited operational leave provisions for employers with Dutch operations.
Short-term care leave (kortdurend zorgverlof — Articles 5:1–5:10 WAZO) Employees are entitled to short-term care leave to provide necessary care to a sick child, partner, or parent (and, since 2015, other household members or social contacts with whom the employee has a 'social relationship' and for whom the employee is 'uniquely poised' to provide care). The employee must notify the employer as soon as possible.
The statutory duration is up to twice the employee’s contracted weekly working hours over a 12-month period (e.g., 10 working days for a full-time employee on a five-day schedule). During care leave, the employee is entitled to at least 70% of their regular wage (at least the statutory minimum wage), paid by the employer. If the contract or collective agreement is more favorable, those terms apply. The employer may only refuse or postpone care leave if granting it would cause serious operational disruption — a high threshold in Dutch case law.
Long-term care leave (langdurend zorgverlof — Articles 5:9a–5:10g WAZO) Employees may also take long-term care leave to care for a seriously ill child, partner, parent, or other close person requiring significant support. The statutory entitlement is up to six times the weekly contracted working hours within a 12-month period (e.g., 30 working days for a full-time employee). Long-term care leave is generally unpaid, unless contract or CAO provides for continued payment; social insurance does not cover this period.
Employees must request leave in writing, stating the anticipated duration and grounds. The employer can ask for information but may only refuse for 'compelling business reasons.' The employer must consent to the start date unless operational harm is demonstrable; refusal must be justified in writing within two weeks of request.
Interaction, accrual and dismissal protection Taking kortdurend or langdurend zorgverlof does not stop accrual of vacation or pension rights. The employee continues accruing vacation. During zorgverlof, dismissal protection applies: the employer cannot dismiss an employee for taking or requesting reconized care leave, as stipulated by BW 7:670 and reinforced in WAZO.
Overview table:
- Short-term: Up to 2× weekly hours per year, at least 70% pay, employer may refuse only for severe operational harm
- Long-term: Up to 6× weekly hours, generally unpaid, refusal only for compelling business reason, written justification required
Statutory transition payment (transitievergoeding) on dismissal — eligibility, formula, and payment deadlines under BW 7:673
The statutory "transition payment" (transitievergoeding) is the minimum severance payment Dutch employers must pay when ending an employment contract, as set out in Article 7:673 of the Burgerlijk Wetboek (Dutch Civil Code). This obligation applies broadly—whether termination is via UWV permission, court order, or the employer’s notice not to renew a fixed-term contract. There are only narrow exceptions (dismissal for urgent cause, mutual termination with a formal settlement agreement, or employee retirement upon reaching AOW state pension age).
Eligibility Every employee (permanent, fixed-term, full-time, part-time, on-call, etc.) whose contract is ended or not renewed at the employer's initiative—except for urgent cause or in a proper mutual discharge—is entitled to a transition payment. Since 2020, there is no qualifying period; the right starts from day one. The entitlement also applies if an employment contract is not extended at the employer's initiative, provided the employee did not resign or agree to forego the payment in a settlement contract.
Calculation The basic formula is:
- 1/3 of the gross monthly salary × each year of service
- Partial years are paid pro rata
"Gross monthly salary" includes not just base pay, but also the 8% statutory holiday allowance, fixed bonuses, regular shift allowances, and other structural components of pay (per the BW and Rijksoverheid guidance). Irregular or incidental payments are excluded unless they are demonstrably regular parts of salary.
Cap and deadline — update for 2026 The transition payment is capped at an amount indexed annually (as of January 1, 2026, €102,000 gross or one year's salary if higher—adjusted each year per Article 7:673(3) BW). The employer must pay within one month of the contract end; late payment triggers statutory interest (wettelijke rente).
Offset for transition costs Employers may only deduct costs for retraining or outplacement if these are actual, substantiated transition costs as defined in Article 7:673a BW, and only where the employee has explicitly agreed in writing.
Abolition of employer compensation regime — effective January 1, 2027 Policy change: The state employer reimbursement scheme (compensatieregeling transitievergoeding), which currently compensates employers in certain cases for transition payments (notably after long-term illness or employer insolvency), will be abolished for terminations on or after January 1, 2027. This change affects employer cost planning and access to UWV reimbursement post-termination for the specified scenarios.
Enforcement If the employer fails to pay, the employee can claim the sum (plus statutory interest) before the kantonrechter (district subcourt). There is a three-month window after the termination to initiate such a claim.
At-a-glance:
- Employee dismissed or fixed-term not renewed (not mutual or urgent cause) → transition payment due
- Amount: 1/3 monthly salary × service years, pro rata for part-years
- Indexed annual cap (€102,000 as of Jan 1, 2026; see government site for current value)
- Payment due within one month of termination date
- Employer reimbursement regime ends Jan 1, 2027
Material updates: Cap raised to €102,000 gross as of 2026; employer compensation regime to be abolished in 2027.
Source: Burgerlijk Wetboek Boek 7 — Artikel 673 Source: Rijksoverheid — Transitievergoeding bij ontslag Source: Rijksoverheid Nieuws — Compensatieregelingen transitievergoeding verdwijnen
Statutory holiday allowance (vakantiegeld) — 8% minimum, calculation, timing, and statutory exceptions
Every employee in the Netherlands—regardless of full-time, part-time, fixed-term, or on-call status—is entitled to a statutory holiday allowance (vakantiegeld), mandated by Articles 15–17 of the Wet minimumloon en minimumvakantiebijslag (WML). This allowance is not identical to annual paid leave: it is a separate cash benefit intended to support holidays, paid in addition to regular salary.
Minimum amount and calculation base The minimum holiday allowance is set at 8% of the "wage" earned during the relevant period (WML Art. 15). For this purpose, "wage" includes the base salary and most regular fixed allowances (such as shift or inconvenient hours allowance). Overtime pay, non-recurring bonuses, and expense reimbursements are generally not counted unless paid regularly enough to be considered part of base wage. The law does not provide an exhaustive breakdown; in practice, case law and guidance from Inspectie SZW (Labour Inspectorate) are referenced.
Timing and method of payment The default legal rule (Art. 17 WML) requires payment at least annually, usually as a lump sum in May or June. It is permissible to pay on a different schedule (such as monthly accrual with each pay slip) if agreed explicitly in writing—commonly in a collective labour agreement (cao) or individual contract. If the employment relationship ends mid-year, the accrued but unpaid allowance must be paid out in the final settlement.
Key statutory exceptions Vakantiegeld applies to almost every employment contract. Article 16 WML allows exclusion for employees earning at least triple the statutory minimum wage for adults—but only where expressly agreed in writing. Some other limited exceptions apply (such as certain apprenticeships or family business employees as outlined in the statute), but these are narrow and require case-by-case checking in WML Art. 16. The statutory minimum wage itself forms the base for this calculation (WML Art. 8-12), and the allowance is required on top of it.
Payroll and tax treatment The holiday allowance is treated as regular wage for all tax and social-insurance purposes: employers must withhold income tax and social security contributions as usual. There is no statutory exemption or special tax rate (see Belastingdienst payroll guidance, though the law itself does not spell this out explicitly for vakantiegeld).
Claim period and enforcement Employees may claim unpaid holiday allowance for up to five years from the due date, based on the general civil-law limitation periods (Burgerlijk Wetboek Book 3, Art. 307(1)). Employers who fail to pay are subject to claims for arrears, statutory interest, and administrative fines under the WML.
Source: Wet minimumloon en minimumvakantiebijslag, artikelen 15–17 Source: Rijksoverheid — Vakantiegeld
Bereavement leave (rouwverlof) — statutory status, duration, and pay rules in Dutch law
There is no statutory entitlement to bereavement leave (rouwverlof or calamiteitenverlof bij overlijden) in Dutch national law following the death of a close family member. The principal Dutch employment statutes—the Burgerlijk Wetboek (BW), the Wet arbeid en zorg (WAZO), and the Arbeidstijdenwet—do not define or mandate a minimum number of paid days for bereavement following the loss of a spouse, partner, child, or parent.
Instead, arrangements for bereavement leave are governed by individual employment contracts (arbeidsovereenkomst) and—much more commonly—by sectoral or company-level collective labour agreements (cao's). Most cao's in the Netherlands provide for a period of paid special leave (bijzonder verlof) in the event of the death of a close relative, typically specifying:
- 2 to 4 paid days for a spouse, partner, or child;
- 1 to 2 days for the death of a parent, sibling, or parent-in-law;
- Additional leave for attending a funeral abroad or arranging necessary matters.
The employer may set additional requirements, such as notification obligations and the ability to request supporting documentation. There is no general statutory pay requirement: if the cao is binding, its rule determines whether the leave is paid or unpaid, and for how long.
The only relevant statutory provision is Article 4:1(1)(a) of the WAZO (Wet arbeid en zorg), which addresses short-term calamity leave (calamiteitenverlof)—a type of paid leave employees may take for “very urgent, unforeseen personal circumstances,” including the death of a household member. Under Article 4:1(2) WAZO, the employer must pay the employee’s full salary during a "reasonable period" needed to address the emergency. Dutch government guidance confirms that preparing for, attending, and arranging the funeral of a close relative qualifies for this emergency leave. The actual number of days is not specified in statute and is instead interpreted by reference to reasonableness: one to several days depending on the concreteness of the circumstances and established practice.
Employees must notify the employer as soon as possible. The employer may only refuse the leave or payment if the "reasonableness" criterion is clearly exceeded, or if the contract or cao provides a more specific framework.
In summary:
- No fixed statutory bereavement days; right to (short) paid calamity leave under WAZO Article 4:1
- Duration and pay are generally a matter of cao or employer policy, not universal
- Employers must grant paid leave for a "reasonable period" for urgent family death, but extent interpreted case-by-case
Source: Wet arbeid en zorg, artikel 4:1 Source: Rijksoverheid — Calamiteitenverlof en ander kort verzuimverlof
Statutory minimum wage — hourly calculation, youth rates, and indexing schedule under the Wet minimumloon en minimumvakantiebijslag (WML)
The statutory minimum wage in the Netherlands is governed by the Wet minimumloon en minimumvakantiebijslag (WML), which, since 1 January 2024, defines the statutory minimum exclusively by an hourly gross wage for all employees. The previous monthly, weekly, and daily minimum rates were abolished by statutory amendment (Stb. 2023, 263; WML Art. 12, as amended).
As of 1 July 2026, the indexed statutory minimum hourly wage is set at €14.99 gross per hour for workers aged 21 and older. Youth rates apply for workers aged 15 to 20; these are set as percentages of the adult minimum and are updated semiannually. The youth rates effective 1 July 2026 are:
- Age 20: 80% (€11.99/hour)
- Age 19: 60% (€8.99/hour)
- Age 18: 50% (€7.50/hour)
- Age 17: 39.5% (€5.92/hour)
- Age 16: 34.5% (€5.17/hour)
- Age 15: 30% (€4.50/hour)
The statutory holiday allowance (vakantiegeld, 8% minimum) is not included in these minimums and must be paid on top. The holiday allowance, as well as rules regarding deductions and payment in kind, are addressed in separate sections.
The WML requires the Ministerie van Sociale Zaken en Werkgelegenheid (SZW) to index the minimum wage each 1 January and 1 July according to the average wage movement in the Netherlands as published by Centraal Bureau voor de Statistiek (CBS) (WML Art. 14). Provisional wage tables are published ahead of each effective date, but employers are responsible for checking the official table (by SZW publication) for each period, as the statutory rates can vary after final indexation.
The Arbeidsinspectie (Labour Authority) enforces compliance, with administrative fines set according to WML Art. 18b and applicable enforcement regulations.
Material update: The hourly minimums were increased to €14.99 for those aged 21 and over, with corresponding youth rates, effective 1 July 2026. Previous section referenced the January 2026 rate of €14.71; July rates now supersede. No legislative change to the calculation basis, but indexing schedule confirmed as semiannual (1 January and 1 July).
Source: Wet minimumloon en minimumvakantiebijslag Source: Rijksoverheid — Bedragen minimumloon juli 2026
Short paid leave for medical appointments and other brief absences — Dutch statutory framework and cao practice
Dutch law does not provide a general statutory right to paid leave for medical appointments (doktersbezoek), dentist visits, or other short private absences (“kort verzuim”) separate from sick leave, maternity/parental leave, and calamity leave as provided under the Wet arbeid en zorg (WAZO). Article 4:1 of the WAZO covers "calamity leave" (calamiteitenverlof), entitling employees to fully paid leave for urgent, unforeseen personal circumstances—such as the sudden illness of a dependent or a household emergency—but routine medical appointments and planned doctor visits for the employee do not fall within its statutory scope.
The Dutch Civil Code (Burgerlijk Wetboek, BW) and principal labor statutes are silent on a statutory right to short paid leave for personal medical or dental appointments. Article 7:611 BW (good employment practice/"goed werkgeverschap") is sometimes cited as a basis for granting reasonable unpaid or paid absence for such appointments, especially when appointments cannot reasonably be scheduled outside working hours. However, the courts have not recognized a general statutory right; instead, sectoral or enterprise-level collective labour agreements (cao's) typically govern whether paid leave is available.
Most large Dutch cao's—especially in public sector, health care, education, and government—explicitly grant a right to limited paid time off for medical or dental appointments when advance notice is provided, although these arrangements differ in eligibility, pay, and administrative requirements. In the absence of a cao or express contractual provision, the default position is that the employee should arrange appointments outside working hours where reasonably possible; failure to do so may result in the time being taken as vacation or unpaid leave at the employer's discretion.
Religious holidays, voting, or other civil duties are not addressed in statute with a right to paid leave. Some cao's provide for paid or unpaid leave for religious observance or voting, but there is no universal rule and Dutch legal guidance confirms these are left to contract or cao policy.
Employers should always check the applicable cao and, if unclear, record any arrangements for short paid leave (kort verzuim) in the employment contract. In summary, there is no general statutory right to paid leave for medical appointments or short absences under Dutch law; such rights arise only from cao or contractual terms, with the WAZO calamity leave route reserved for sudden, urgent events.
Source: Wet arbeid en zorg, artikel 4:1 Source: Burgerlijk Wetboek Boek 7, artikel 611 Source: Rijksoverheid — Kort verzuim verlof (government FAQ summary)
Sick leave and re‑integration: employer obligations under the Wet verbetering poortwachter (wage continuation and the reintegration process)
Dutch employers are required to continue salary payments for employees who are unable to work due to illness, and must actively cooperate in structured reintegration under the Wet verbetering poortwachter (“Gatekeeper Improvement Act").
Wage continuation obligation For up to 104 weeks (two years) of employee incapacity, the employer is responsible for at least 70% wage continuation. During the first year, this must not fall below the statutory minimum wage. In the second year, the 70% floor continues but there is no longer a statutory minimum floor. No general exemption applies based on employer size according to authoritative Dutch government guidance. Contractual or collective agreement terms may provide for higher payments, but statutory minimums remain binding.
If an employee falls ill again within four weeks of returning, the new sick period is treated as continuing the original absence. Employers may set waiting days only if agreed in contract or collective agreement. Wage payment can only be suspended or withheld if the employee does not comply with reasonable reintegration obligations.
Reintegration requirements under the Gatekeeper Act The employer must promptly involve a bedrijfsarts (occupational physician) after notification of sickness. Together with the employee, the employer develops an action plan (plan van aanpak) laying out reintegration steps, with periodic evaluations. If reintegration into previous work is not possible, alternatives within the organization must be considered. Outside placement (“second track”, spoor 2) is explored if adaptation within the company fails. Both employer and employee must cooperate in all reasonable reintegration measures as described on the Rijksoverheid page.
Sanction for inadequate reintegration: possible wage penalty After 104 weeks, the UWV (Employee Insurance Agency) reviews whether the reintegration process met statutory requirements. If not, the UWV may impose a wage penalty, requiring the employer to continue wage payments beyond the standard 104-week period (up to a maximum of one extra year, depending on the case). The exact length and reasons for sanctions are determined by the UWV’s assessment and are not automated.
Employers are strongly advised—based on government guidance—to document every step of the reintegration process to avoid sanctions and to ensure compliance with both wage and reintegration obligations.
Source: Rijksoverheid — Regels bij ziekte Source: Rijksoverheid — Wet verbetering poortwachter nieuws, 2 April 2026
Occupational disability benefits — employee protection under the Wet werk en inkomen naar arbeidsvermogen (WIA)
The Wet werk en inkomen naar arbeidsvermogen (WIA, or Work and Income According to Labour Capacity Act) is the principal Dutch statute governing occupational disability benefits after the first 104 weeks of employer sick-pay obligation. The WIA regime applies to any employee who, after two years of illness (or when a wage sanction under the Wet verbetering poortwachter ends), cannot earn at least 65% of their former wage due to lasting health impairment. The law establishes two main benefit routes:
- IVA (Inkomensvoorziening volledig en duurzaam arbeidsongeschikten): for employees who are fully and permanently disabled (cannot earn more than 20% of their pre-illness wage, and recovery is not expected) (WIA Arts. 4, 30–34).
- WGA (Werkhervatting gedeeltelijk arbeidsgeschikten): for employees who are at least 35% (but less than 80%, or temporarily 80–100%) disabled, but are expected to recover partially or can work in some capacity (WIA Arts. 5, 35–44).
Material benefit indexation — effective 1 July 2026 Effective 1 July 2026, WIA benefit levels—including IVA and all WGA phases—are indexed to reflect the new statutory minimum wage (€14.99 per hour). This mid-year adjustment means maximum daily wage (maximumdagloon), sector references, and benefit caps increase accordingly, affecting both new and current recipients (WIA Art. 61; see Rijksoverheid news release of 11 June 2026). Practitioners should confirm the latest maximumdagloon and minimum wage thresholds at each indexation, typically 1 January and 1 July every year.
Benefit eligibility and application
- Applications to the UWV (Uitvoeringsinstituut Werknemersverzekeringen) must be made in the 88th week of illness (WIA Art. 64).
- The UWV assesses the employee’s functional capacity, residual earning ability, and calculates theoretical remaining earning capacity (restverdiencapaciteit). If the employer failed reintegration duties, wage sanction extensions may delay WIA entry by up to one year (WIA Art. 65).
Benefit amount and structure
- IVA: Paid at 75% of the employee’s last assessed daily wage (dagloon), up to the statutory ceiling (maximumdagloon set annually, indexed biannually), for as long as the full and permanent incapacity lasts (WIA Arts. 47–52).
- WGA: Three phases—(1) loongerelateerde uitkering (wage-related benefit), 70% of last daily wage for 3 to 24 months (duration depends on employment history, WIA Art. 59); (2) wage supplement (loonaanvullingsuitkering) or continued benefit (vervolguitkering), depending on whether the employee earns above a threshold; (3) benefit level depends on actual post-disability income (WIA Arts. 60, 61, 62).
Obligations and employer involvement
- Employers are responsible for wage continuation, reintegration, and required documentation for the first 104 weeks (WIA Art. 65).
- After 104 weeks, both employer and employee submit reintegration records (re-integratieverslag) to the UWV for assessment.
Appeal and review
- Parties may appeal UWV disability decisions under the Algemene wet bestuursrecht (AWB). Reviews for changes in work capacity are periodic and statutory (WIA Arts. 53–56).
Interaction with dismissal
- At the end of the 104-week period, the employer may seek UWV permission to terminate employment, but must verify that all reintegration duties have been fulfilled to avoid extensions (WIA Art. 71a).
Material update: WIA benefit levels indexed to new statutory minimum wage effective 1 July 2026; no change in WIA eligibility or process. Practitioners should check the statutory wage tables at each indexation.
Source: Wet werk en inkomen naar arbeidsvermogen (WIA) Source: Rijksoverheid — Uitkeringsbedragen per 1 juli 2026