Wages | working hours and rights in the Netherlands

By: Ministerie van Buitelnlandse zaken 27-12-2012 12:06 PM
Categories: * Daily employment news, Tips for internationals,

Wages in the Netherlands 
The Netherlands enforces a legal minimum wage. This is adjusted twice each year (on 1 January and 1 July). Every worker between the ages of 23 and 65 in employment enjoys at least the right to this minimum wage. Minimum youth wages apply to employees younger than 23. The minimum wage also applies to employees of a foreign company or temporary employment agency working in the Netherlands. You can find the current minimum wage amounts on the website: www.szw.nl (click on ‘English’ above right). The minimum wage is based on the total working hours applying in a sector. In practice this lies between 36 and 40 hours a week. If you get the minimum wage for an average working week of 60 hours, for example, then you are being underpaid. If you receive less than the legal minimum wage, you may appeal to your employer. You may discuss a solution with him. If this is not successful, you can then approach the Labour Inspectorate or local court. Employers who pay employees less than the legal minimum wage will be forced by the Labour Inspectorate to pay an immediate fine.

It is also possible that the company or the sector in which you work has agreed its lowest wage scale will be above the legal minimum through its collective labour agreement (CAO). If you are working for a Dutch company or temporary employment agency, this arrangement temporarily to the Netherlands must also pay in accordance with the CAO.

Equal treatment and remuneration
Equal treatment at work means that your employer may not treat you any differently from other employees on the basis of religion,
beliefs, political affiliation, race, gender, nationality, sexual orientation, marital status, age, handicap or chronic illness, type of contract (temporary or permanent) and working hours (full-time or part-time). These are the so-called discrimination grounds. Equal treatment applies to all aspects of your work.

Discrimination and intimidation in the workplace
An employer is obliged to prevent discrimination and intimidation by employees among themselves. An employer must ensure a good working atmosphere. This includes preventing discrimination and intimidation by employees towards each other.

Right to equal payment
The right to equal payment is part of the right to equal treatment. All employees within a company doing equivalent work must receive an equivalent wage. This does not however mean that everyone in the same position receives exactly the same wage. An employer may, for example, pay a higher wage to someone with greater experience, than to someone who is just beginning.

Leave
Every employee in the Netherlands has the right to a paid holiday. You are also entitled to leave days, either with full or partial salary in the case of disaster (unforeseen personal circumstances) or for certain family events (including pregnancy, maternity, marriage or death). On www.szw.nl you will find the various types of leave listed. Different or supplementary arrangements may have been agreed in a CAO.

Working hours in the Netherlands 
Dutch rules impose restrictions on employees’ working hours. maximum of 60 hours per week. If you consider your working hours over a longer period, then over 16 weeks you may only work a maximum of 48 hours per week.

Breaks and resting in the netherlands 
When you work longer than 5,5 hours, you have the right to a break of at least 30 minutes. If you work longer than 10 hours, then it is a minimum of 45 minutes. The CAO which applies to the sector or company in which you work stipulates whether the break is paid or not. After a working day in the Netherlands  you have the right to at least 11 hours of consecutive rest. After a working week you may not work for 36 hours consecutively.

Night duty in the Netherlands 
If your night duty ends after 02.00, then you have the right to at least 14 hours of rest. You are working on night duty if you work at least one hour between midnight and 06.00 in the morning. Independent contractors If you work as an independent contractor then the rules do not apply to you, except if you are in situations where the safety of third parties is involved, such as in the transportation sector.

Working safely
Employers and employees in the Netherlands ensure safe working conditions together. To avoid and limit hazards, your employee must advise you well on the work you will perform and its associated safety and health risks. He must also indicate to you the measures for preventing or limiting risks. As an employee you are obliged to comply with these instructions. You can report complaints and accidents at work to the Labour Inspectorate. If you work for a temporary employment agency, responsibility for safety and health does not actually lie with that agency, but with the company where you are working at that time. Identification obligation In addition to showing your identification document when taking up employment, as an employee you are also required to carry your identity document with you – even if you are working as a temporary employee. If there is a workplace inspection by the Labour Inspectorate for example, you must be able to identify yourself with your original identity document.

Source Ministerie van Buitenlandse Zaken

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