90
88
88
Approaching Access to Decent Work
40
80
80
100
100
100
100
100
100
100
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | Minimum Wages and Minimum Holiday Allowances Act of 27 November 1968 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §616-633 of Book 7, Title 10 (Employment Contracts) of Dutch Civil Code (Burgerlijk Wetboek | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | Working Time Act (Arbeidstijdenwet), 1995; Working Hours Decree (Arbeidstijdenbesluit), 1995 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require additional compensation for night work? | No | 0 | §1:7, 4:9, and 5:8 of Working Time Act, 1995; §4:7 of Working Hours Decree, 1995 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | Working Time Act, 1995; Working Hours Decree, 1995 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | Working Time Act (Arbeidstijdenwet), 1995; Working Hours Decree (Arbeidstijdenbesluit), 1995 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §5:3, 5:5, and 5:6 of Working Time Act, 1995 | No Change |
| Does the law require paid public holidays? | No | 0 | Public holidays list provided by the Government | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | Dutch Civil Code (Burgerlijk Wetboek); Wet minimumloon en minimumvakantiebijslag | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §610 & 654-655 of Book 7, Title 10 (Employment Contracts) of Dutch Civil Code | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §667 & 668 of Book 7, Title 10 (Employment Contracts) of Dutch Civil Code (Burgerlijk Wetboek) | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §652 of Book 7, Title 10 (Employment Contracts) of Dutch Civil Code (Burgerlijk Wetboek) | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | Dutch Civil Code; Extraordinary Decree on Labour Relations 1945 (BBA); Dismissals Decree | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | Dutch Civil Code; Decree conditions deduct costs from transition compensation. Stb. 171 (May 11, 2015) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | Chapter 6 (Parental Leave) of the Work and Care Act of 16 November 2001; Paid Parental Leave Act (2 August 2022) | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §4:2, 4:2a and 4:2b of the Work and Care Act of 16 November 2001 (Wet arbeid en zorg) | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | Act to change the Working Hours Adjustment Act to further flexible work of 9 June 2015 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §4:8.1-3 of the Working Time Act, 1995; §3.48 of the Working Conditions Decree, 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | Section 7:646 of the Dutch Civil Code; §1 of the Equal Treatment of Men and Women Act, 2015 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §3 & 4 of the Work and Care Act of 16 November 2001 (Wet arbeid en zorg) | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §3 & 4 of the Work and Care Act of 16 November 2001 (Wet arbeid en zorg) | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §3 & 4 of the Work and Care Act of 16 November 2001 (Wet arbeid en zorg) | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §667:8, 670:2 & 7 of Book 7, Title 10 (Employment Contracts) of Dutch Civil Code | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §3, 8 & 11 of the Working Conditions Act, 1999; §4 of the Working Conditions Decree, 1997 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | Working Conditions Act, 1999; Working Conditions Decree, 1997 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §4:5 & 4:7 of the Working Time Act, 1995; §1:41 & 1:42 of the Working Conditions Decree, 1997 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | The Disability Insurance Act,1966; The Work According to the Labour Capacity Act, 2005 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | General Old Age Pensions Act (Algemene Ouderdoms Wet-AOW) of 31 May 1956 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | General Surviving Relatives Act (Algemene Nabestaanden Wet-ANW) of 21 December 1995 | Score adjusted due to a minor revision in methodology |
| Does the law provide for unemployment benefits? | Yes | 1 | Unemployment Benefits Act (Werkloosheidswet-WW) of 6 November 1986 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | Dutch Civil Code; Sickness Benefits Act,1913 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | The Disability Insurance Act, 1966; The Work According to the Labour Capacity Act, 2005 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | General Equal Treatment Act,1994; Equal Treatment (Men and Women) Act, 1980; Civil Code | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | Dutch Civil Code; Working Conditions Act, 1999 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | Dutch Civil Code; General Equal Treatment Act,1994; Equal Treatment in Employment (Men and Women) Act | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | Equal Treatment (Men and Women) Act, 1980; Decree on Gender Related Occupational Activities, 1989 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | General Old Age Pensions Act (Algemene Ouderdoms Wet-AOW) of1956; MISSOC Comp. Table for Netherlands | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §3:2 of the Arbeidstijdenwet, 1999 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | Paragraph 2 and 2a of the Leerplichtwet 1969 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §3:2 of the Arbeidstijdenwet, 1999 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §197b-197d & 273-f of Dutch Penal Code, 1881 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §1 & 8 of the Dutch Constitution of 1815; Works Councils Act of 28 January 1971 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | Collective Agreements Act; Act on Declaring Provisions of Collective Agreements Generally Binding and Non-Binding | No Change |
| Does the law provide the right to strike? | Yes | 1 | Dutch Supreme Court Ruling of 1986; §6(4) of the 1961 Council of Europe Social Charter | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | No violative legal provisions could be located | No Change |