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Employees seem to have less motivation to come into the office, as they believe to be able to conduct the same work at home or even more. The legislation was adopted by the lower house of the Dutch parliament Tuesday, and will now head to the Senate for final approval. CXC are at the forefront of thought leadership in the contingent workforce space. We help you better manage your contractors, improving your workforce quality and efficiency while reducing risks and costs. We can help you to compliantly pay your international workforce, avoiding unnecessary risk exposure and ensuring that you’re operating within the law.
Fortune Magazine reported that since January 2022, the Dutch government has implemented a reimbursement program to repay employees who used funds to set up a home office. The law establishes that so long as an employee can reasonably complete their responsibilities remotely, they have the legal right to work from home. You should first contact the institute where you plan to study.
No work from home allowance and travel allowance on the same day
This means there is no indication of any intention to limit the duration of the contract, such as ‘for the duration of the project’. Name and address of the employer and employee and where you will be working. People who have had work permits for three consecutive years, and who have not moved their residence outside the Netherlands since then, become exempt from the work permit requirement. Their residence permits can be endorsed with a note stating “Employment freely permitted” and “No work permit required”.
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Collective labour agreements (CAO)
Further, the law states, remote work should apply for the entire duration of the employment contract. The Netherlands is on the verge of making work-from-home a legal right for employees. Last week, the Dutch parliament’s lower house passed legislation in this regard. The European country now needs to wait for approval from the senate.
Every year you are entitled to a long-term compassionate leave for a period of up to twelve weeks, during which you are allowed to reduce the number of working hours to not less than half of normal. You will not receive any wages for the number of hours that you utilise for long-term compassionate leave. Every twelve months you are entitled to no more than twice the number of hours you work in one week. For example, if you work 36 hours a week, you can take up to 72 hours short-term compassionate leave every twelve months. During any short-term compassionate leave that you take you will continue to receive at least seventy per cent of your salary from your employer. A temporary labour contract will end automatically and legally on the date agreed.
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For example, think of a teacher who spends ten hours per week delivering classes to students. A further 70% said they would prefer a combination of in-person and remote work, while only 10% said they wanted to go back to the office full time. If this person requested to work from home, their employer would probably have to grant the request because their job could easily be done virtually. They have a weekly meeting with their colleagues at another of the company’s offices.
The employer is free to refuse such a request, but does have a ‘duty to consider’ and must substantiate the refusal in writing. Once a year employees can submit a request to work from home. When the request to work from home has been approved by the employer, there must be important business reasons (e.g. continuous underperformance of the employee) to revoke the consent. The contract will end on the agreed date without a dismissal procedure. We strongly advise you to make sure that you get the contract in writing, although a verbal agreement is also valid in the Netherlands. The employer is obliged to inform you in writing of the main issues covered in the contract within one month after the start of the contract.
You may not give both the working from home allowance and the travel allowance on the same day. You can make fixed agreements with your employee about the number of days they work from home. For example, you can pay a fixed fee for both working from home and travel expenses. Then employees do not have to keep track of where they work each day. Some others, like Tesla, have coerced employees to return to the office. Tesla founder and CEO Elon Musk had warned employees that they could either return to the workplace or leave the company.
If the employer does not respond within that time frame, she said, the request can be considered approved. The desired workplace must be within the European Union and must be either the employee's home address or another appropriate workplace where work for the employer usually takes place, they said. If the proposed workplace doesn't meet these requirements, "the employer will still have the 'duty to consider' and, in case of refusal, discuss this with the employee," they added. Employees in the Netherlands would gain greater legal support for working from home under legislation expected to become law. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. According to the most recentWFH Research statistics, quoted byBloomberg, most typical office workers appear to favor the ability to work from home at least one day each week.
A policy regarding remote work is a working conditions policy, and works council approval is needed to adopt, amend or withdraw such policies, according to Engelsman and Keijzer. Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices.
You do not know yet if you want to work or study in the Netherlands. If you gained your diploma in any other country and you want to work or continue your studies in the Netherlands, you need to know what a particular certificate is worth in terms of the Dutch system. During your leave you will receive an allowance which matches your salary up to a maximum amount. Unlike your partner and child, it is not necessary for your parent or parents to be registered at your address. Every employee in the Netherlands is entitled to leave with full pay. Your employer can only dismiss you with immediate effect if he has a very good reason, for example if you steal, commit fraud, refuse work without good reason or come to work drunk.
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