Labour Law Support for Expats
Are you working as an expat in the Netherlands or are you a Dutch expat working abroad? Then you are in for an exciting time. You will be experiencing a new country and a new culture, but also new rules. So, before your adventure begins, you will want to ensure that everything is in order legally. The good news is that you have landed on our page. At Arbeidsrecht Amsterdam, we are pleased to offer legal support to expats and employers in drawing up and entering into employment contracts, as well as terminating contracts and in disputes about the Sickness Benefits Act, the WIA Work and Income Act and the WW Unemployment Insurance Act, the 30% Ruling and reintegration.
Have you heard that your employer wants to dismiss you? Then you may have many questions. You may want to know if, as an expat, you are entitled after your dismissal to severance pay and/or unemployment benefit. Therefore, it is also important to know what your rights are when an (impending) dismissal occurs. At Arbeidsrecht Amsterdam we have the necessary legal knowledge and experience. If you have a problem relating to employment law or likely to have one, we will be pleased to help you!
Disputes about the Sickness Benefits Act, the WIA and WW benefits
Under the terms of the Sickness Benefits Act, you continue to receive your salary while you are absent from work due to illness. But as an employee, you do not receive your salary during illness without conditions. Like your employer, you have reintegration obligations in case of long-term illness or incapacity for work. The aim of reintegration is to get you back to work either partially or fully as soon as possible. Disputes can arise concerning reintegration. For example, your salary may be stopped if you refuse another position in the context of your reintegration or your reintegration possibilities and health complaints may be ignored by your employer. The Sickness Benefits Act ends after a maximum of 104 weeks.
The WIA includes two schemes: the IVA (Fully Disabled Workers Income Scheme) and the WGA (Return to Work Scheme for the Partially Disabled). You are entitled to the IVA benefit if you have little or no income due to your illness. There are three different types of WGA benefit: Wage-related benefit, Supplementary benefit and the Continued benefit. You are entitled to the WIA benefit if you are more than 35% unfit for work. The benefit amount depends on the disability percentage. The WW benefit depends on how long you have been working and the amount of your WW benefit depends on the income you have earned in the year prior to your unemployment. At Arbeidsrecht Amsterdam we take away your worries by resolving disputes.
What is the 30% ruling?
The 30% ruling is a tax exemption that applies to expats recruited by Dutch employers. But regardless of which country or part of the world you come from, you must meet a number of conditions to successfully obtain this exemption. At Arbeidsrecht Amsterdam we know whether you are eligible for this scheme, and we will be happy to help you through the process.
Why is the 30% ruling Important for Expats?
It is important because the Netherlands is known for the high taxes that employees pay on their income. So Dutch employers have been making use of the 30% Ruling for years to encourage expats to settle in the Netherlands.
How to Apply for the 30% ruling?
In order to apply for the tax exemption, both you and your employer must submit an application to the tax authorities. The entire application process can take several months. It is important that both you and your employer agree to the 30% Ruling. The agreed 30% Ruling must be in writing.
Frequently Asked Questions
Your employer can terminate the employment contract with a dismissal permit issued by the UWV Employee Insurance Agency, a dissolution decision by the subdistrict court, a termination agreement or on the basis of summary dismissal, in which case you would have to be guilty of an urgent reason.
My employer wants to reduce my salary, change my working hours, or otherwise change my employment conditions: is that allowed?
Your employer is not allowed to unilaterally change the terms of employment, even if a change clause has been included in the contract. An assessment of interests must first be made between your employer’s interest in the change and your own interest.
Dutch legislation provides for a minimum wage and a minimum number of holiday hours per year for employees.
This depends on various factors such as your employment contract and the country where the work is performed.
These can be economic reasons, company relocation, reorganisation, and long-term incapacity for work.
This is a compensation to which you are entitled when an employment contract is terminated, unless you have resigned yourself or are guilty of culpable behaviour.
Contact Arbeidsrecht Amsterdam without obligation
Do you have an employment law problem? Then contact Arbeidsrecht Amsterdam for first-line legal advice. You can contact Arbeidsrecht Amsterdam free of charge about a simple question or a bigger legal problem. You can contact Arbeidsrecht Amsterdam without obligation in various ways.