Is this legal?
Pick a situation: we briefly explain what Dutch rules say, what to do and where to turn.
Draft The texts are still being reviewed by a lawyer. This is a guide, not final advice.
Housing is deducted from your pay It depends
In short
It depends. Housing deductions are only allowed within the limits of the law (no more than 25% of the minimum wage), with written consent, and you must not end up with less than the minimum wage. Housing provided by an agency must meet the requirements (SNF certificate).
What to do
Ask for a written rental agreement separate from the employment contract and for a payslip that itemises the deductions. Keep the payslips and the correspondence.
Where to turn
Nederlandse Arbeidsinspectie, FNV, the Razom Werkt coordinator.
You are not paid for all the hours you worked Illegal
In short
Illegal. Every hour worked must be paid at least at the minimum wage. Unpaid wages can be claimed for several years back (the general limitation period is 5 years).
What to do
Keep a record of your hours: date, start, end. Ask in writing for the difference to be paid. Do not agree to "work off the debt".
Where to turn
FNV, Juridisch Loket, Nederlandse Arbeidsinspectie.
"Work first, contract later" Illegal
In short
Illegal if there are no written terms. The employer must give the written terms of employment within the short period set by law. If you are already working, you already have the rights of an employee and the right to be paid, even without a signed contract.
What to do
Ask for a written contract before you start. If you are already working, put in writing what was promised: the rate, the hours, the start date.
Where to turn
The Razom Werkt coordinator, FNV, Juridisch Loket.
You are pressured to become a freelancer (ZZP) It depends
In short
It depends on how you actually work. The name in the contract decides nothing: if you work under direction, to their schedule and with their tools, it may be an employment contract (bogus self-employment). Pressure to "become a ZZP" so that they save on you as an employee is risky for both sides.
What to do
Take the DBA check on our site and do not sign anything under pressure. Ask FNV or Juridisch Loket.
Where to turn
Juridisch Loket, FNV, Nederlandse Arbeidsinspectie.
The employer took your passport Illegal
In short
Illegal. An employer has no right to keep the original of your passport or other documents: they may make a copy. Withholding documents is a sign of exploitation.
What to do
Demand your documents back in writing and do not hand over originals. In danger, call 112. Report it to the Arbeidsinspectie or the police, and to our coordinator.
Where to turn
112 (immediate danger), the police, Nederlandse Arbeidsinspectie, the Razom Werkt coordinator.
Fines taken from your pay It depends
In short
It depends. An employer fine is only possible if it was agreed in writing beforehand (contract or CAO), is reasonable in size and does not push your pay below the minimum wage. Arbitrary "fines" for lateness or mistakes are illegal.
What to do
Ask them to show where the fine is written in the contract. Keep the payslips that show the deduction.
Where to turn
FNV, Juridisch Loket.
Cash, below the minimum wage Illegal
In short
Illegal. Cash is not forbidden in itself, but pay cannot be lower than the minimum hourly wage, and a payslip is mandatory. Pay without a payslip leaves you unprotected and without pension contributions.
What to do
Work out your hourly rate and compare it with the minimum wage on the Rijksoverheid site. If it is lower, report it to the Arbeidsinspectie: you can do so anonymously.
Where to turn
Nederlandse Arbeidsinspectie, FNV.
No payslip Illegal
In short
Illegal. The employer must give you a payslip (loonstrook) together with your pay.
What to do
Ask for the payslip in writing. Until you get it, keep your bank statements and your own record of hours.
Where to turn
The Razom Werkt coordinator, FNV, Nederlandse Arbeidsinspectie.
Pension contributions are not paid It depends
In short
It depends. Joining a pension fund is mandatory if the CAO of your sector requires it (many sectors, including construction and temp agencies). If not, you cannot demand a pension from the employer. You build up the state pension (AOW) separately, over the years you live or work in the Netherlands.
What to do
Find out which CAO applies to you (it is named in the contract). Your payslip should have a line for pensioen.
Where to turn
FNV, Juridisch Loket.
Dismissed for no reason It depends
In short
It depends. In the Netherlands you generally cannot be dismissed without a reason: a valid reason and permission from the UWV or a court are needed, or your written consent. The exception is the probation period (proeftijd). Do not sign a termination agreement (vaststellingsovereenkomst) straight away: you have 14 days to reconsider.
What to do
Ask for the dismissal in writing. Sign nothing under pressure. Contact Juridisch Loket or FNV at once: the deadlines for objecting are short. Ask the UWV separately about benefits (WW).
Where to turn
Juridisch Loket, FNV, UWV.
Where to turn
- Nederlandse Arbeidsinspectie
Supervises the minimum wage, working hours, safety and exploitation. You can report anonymously. - FNV
The trade union: help in a dispute with an employer. - Juridisch Loket
Free first legal advice. - Razom Werkt coordinator
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This is general information, not legal advice. Rules and amounts change; for your own case contact Juridisch Loket, a trade union or a lawyer.