Employment law and flex workers
Compensation transitional allowance after 2 years of illness for small employers
Upon termination after two years of illness, a transitional allowance is due. Until now, that allowance could be compensated by all employers through UWV. The proposal is that only small employers will still receive compensation. Medium-sized and large employers again bear the cost themselves.
The Council of State expresses strong criticism. It remains to be seen how the cabinet will deal with this. Preparing is wise.
Tip:
Map files with long absenteeism and calculate scenarios.
Note:
Proposed effective date 1 July 2026, not yet final.
At a glance
- Status: Proposed amendment; criticism from Council of State
- Effective date: Proposed 1 July 2026
- What is changing: Compensation through UWV only for small employers.
- Impact for HR: Higher charges and possibly more discussions about termination.
- Action: Review policy around dormant employment. Reserve budget in a multi-year estimate.
- Risk in doing nothing: Cost increase and legal risk in case of delay.
More security for flex workers – bandwidth contracts instead of zero hours
Zero-hours contracts fade into the background. In its place comes the bandwidth contract, which specifies minimum and maximum hours. The maximum should not exceed 130 per cent of the minimum.
Employees know where they stand, and employers can plan better. For minors, schoolchildren and students, the zero-hours contract remains an option.
Tip:
Replace on-call contracts with bandwidth variants and adjust scheduling systems.
Note:
Note effects for surcharges, on-call shifts and min-max practice.
In één oogopslag
- Status: Proposed
- Effective date: To be determined (as described)
- What is changing: Bandwidth contract replaces zero hours; max 130 per cent of minimum.
- Impact for HR: Modify contract templates, scheduling and remuneration.
- Actions: Update templates. Train planners and supervisors.
- Risk in doing nothing: Claims for irregular calls and unclear agreements.
Chain rule: interval extended to 5 years
The chain rule prevents endless temporising. The proposal extends the interval from six months to five years before you can start another chain of temporary employment contracts. Exceptions remain for students, schoolchildren and via a collective labour agreement for seasonal work.
This increases job security, but requires tighter staff planning and file management.
Tip:
Record contracts and intervals for each employee.
Note:
Check CLA deviations and exceptions.
At a glance
- Status: Proposed
- Effective date: To be determined (as described)
- What is changing: Interval of 6 months to administrative expiry period of 60 months (5 years). Only then can a new chain of temporary contracts start. Also relevant for successor employment, temporary workers and Ragetlie.
- Impact for HR: Less flexibility, more need for planning.
- Actions: Inventory chains and make a schedule. Customise HR templates and processes.
- Risk in doing nothing: Inadvertent conversion to indefinite.
Position of temporary workers: shorter phasing and equivalent conditions
The position of temporary workers is strengthened. Besides wages and benefits, other terms and conditions of employment must be at least equivalent to those at the hiring entity, such as a pension. Moreover, the phasing will be adjusted: phase A from 78 to 52 weeks and phase B to 6 contracts in 2 years.
This increases security for temporary workers. Results in necessary adjustments in contracts and higher costs for both hiring entities and labour providers.
Tip:
Coordinate with employment agencies promptly and update hiring conditions.
Note:
Proposed effective date 1 January 2027, still subject to parliamentary approval.
At a glance
- Status: Proposed
- Effective date: Proposed 1 July 2027
- What is changing: Equivalence other working conditions; phase A 52 weeks; phase B 6 contracts in 2 years.
- Impact for HR: Contract and cost impact at hiring entities and labour providers.
- Actions: Update CLA and contract agreements. Check pension agreements.
- Risk in doing nothing: Fines and reputational risk in case of non-compliance.
EU wage transparency directive: Dutch implementation
Equal pay requires transparency. The EU directive mandates objective pay structures, prohibits questions on salary history and imposes reporting obligations on organisations with more than 100 employees. Employees are also given inspection rights.
Implementation in the Netherlands has been delayed until 2027, but rights are already enforceable from 7 June 2026. So preparing for this is not a luxury but a necessity.
Tip:
Begin with an equal pay audit and establish reporting processes.
Note:
Involve the Works Council and legal in the choice of job evaluation and remuneration system.
At a glance
- Status: Implementation delayed; rights enforceable from 7 June 2026
- Effective date: Target implementation date 1 July 2027
- What is changing: Objective pay structures, reporting more than 100 employees, inspection rights, ban on asking about salary history.
- Impact for HR: Adjustment of remuneration policies, processes and tooling.
- Actions: Conduct an audit. Build dashboards and document the methodology.
- Risk in doing nothing: Claims and oversight in case of poor substantiation.
Proposed law: confidential advisor mandatory for employer with more than 10 employees
The government wants to better protect workers with safe and healthy working conditions by requiring every employer with more than 10 employees to appoint a confidential advisor. This may be an internal or external confidential advisor. The confidential advisor supports and guides employees, referring them to professional help if necessary. In addition, the confidential advisor advises the employer on preventing and addressing undesirable behaviour. The confidential advisor also ensures that everyone in the organisation knows what their role is and where employees can go for support.
Tip:
Check the current working conditions policy and adjust if necessary. Take stock of whether the appointment of an (external) confidential advisor is already desired.
Note:
Is a working conditions policy not yet in place? If so, ensure that this (through an RI&E and the action plan) is still done as soon as possible. This is required by law.
At a glance:
- Status: Proposed
- Effective date: To be determined
- What is changing: There will be an obligation to appoint a confidential advisor for employers with more than 10 employees
- Actions: Check the working conditions policy and adjust if necessary. Establish a working conditions policy. Take stock of whether the appointment of an (external) confidential advisor is already desired.
- Risk in doing nothing: Enforcement actions by the Dutch Labour Inspectorate (such as fines or stoppage of work) and/or claims of employer liability by employees due to non-compliance with duty of care.