Title 10

The employment contract is the contract whereby one party, the employee, undertakes to perform work in the service of the other party, the employer…

A person who, for the benefit of another person, performs work in exchange for remuneration by that other person for three consecutive months, either…

If an employment contract has lasted for at least three months, the stipulated work in any month is presumed to have a volume equal to the average…

The employer and the employee are obliged to behave as a good employer and a good employee.

The employer shall enable the employee to undergo training that is necessary for the performance of his position and, in so far as this can…

A minor who has reached the age of sixteen years is competent to enter into an employment contract. He is equated with an adult in all matters…

The employer may only invoke a written clause which grants him the power to amend a condition of employment set forth in the employment contract, if…

The period referred to in Article 52, paragraph 1, under (d) of Book 3 shall, with respect to grounds for annulment arising from this Title, commence…

The employer is obliged to pay the employee his wages at the determined time.

If work is performed in the service of the employer for the execution of a service contract (overeenkomst van opdracht) or a contract for work…

If work is performed in the service of the employer for the execution of one or more agreements concluded between a principal, a contractor, or a…

If the work is performed in the Netherlands, Articles 616a, 616b and 616d up to and including 616f shall apply, regardless of the law applicable to…

The client or the counterparty who has satisfied a claim on the basis of Article 616b has a right of recourse against all assets of:

With a view to instituting a claim as referred to in Article 616a or Article 616b, every principal, contractor, subcontractor, employer or every…

Any clause in violation of Articles 616a through 616e is void.

The established form of wages may not be other than:

If no wages have been determined, the employee is entitled to the wages that, at the time of the conclusion of the agreement, were customary for work…

If the wage consists, in whole or in part, of an amount that has been made dependent on any data that must be apparent from the books, documents or…

The satisfaction of the wage established in money shall be effected in Dutch legal tender or by giro payment in accordance with Article 114 of Book 6.

Payment of the wages, other than as provided for in Article 620 or established in forms other than those permitted by Article 617, shall not be…

The satisfaction of wages determined in money that does not take place with the application of Article 114 of Book 6 shall occur either at the place…

The employer is obliged to pay the wages determined in money by reference to a period of time upon each expiry of the period over which the wages…

If the wage determined in money is dependent on the results of the work to be performed, the employer shall adhere to the payment terms that apply to…

Insofar as the wages established in money, or the portion remaining after deduction of such amounts as the employer may set off in accordance with…

The employer is obliged, upon each payment of the wage determined in money, to provide the employee with a written or electronic statement of the…

The employer is obliged to pay the wages determined by time if the employee has not performed the agreed work, in whole or in part, unless the…

If a working time of less than 15 hours per week has been agreed upon and the times at which the work must be performed have not been fixed, or if…

This Article applies to employment contracts for which the times at which the work must be performed are entirely or largely unpredictable.

Insofar as the wages do not exceed the amount referred to in Article 17, paragraph 1, of the Social Insurance Funding Act (Wet financiering sociale…

The court shall dismiss a claim for payment of wages as referred to in Article 629, if the claim is not accompanied by a statement from an expert…

The employer who is temporarily prevented from paying the wages, insofar as these have been determined in a form other than in money, without such…

A clause whereby the employer is granted the right to withhold any amount from the wage on the payday is void, without prejudice to the competence of…

Except upon the termination of the employment contract, set-off by the employer of its debt regarding the wages to be paid is permitted only against…

Transfer, pledge or any other act by which the employee grants any right to his wages to third parties shall be valid only to the extent that an…

The employee shall acquire for each year in which he has been entitled to wages during the full agreed working hours, an entitlement to leave of at…

In derogation from Article 634, the employee acquires an entitlement to holidays over the period during which he is not entitled to wages fixed in…

Days or parts of days on which the employee does not perform the agreed work due to one of the reasons referred to in Article 635, paragraphs 1 and…

Days or parts of days on which the employee does not perform the agreed work due to illness may only be designated as holiday if, in a particular…

The employer is obliged to provide the employee each year with the opportunity to take the holiday to which the employee is at least entitled…

The employee shall retain the right to wages during his holiday.

The employee cannot, during the duration of the employment contract, waive his entitlement to holiday in exchange for compensation.

The entitlement to the minimum, referred to in Article 634, shall lapse six months after the last day of the calendar year in which the entitlement…

An employee who, at the end of the employment contract, still has an entitlement to holiday, is entitled to a payment in money to an amount of the…

Without prejudice to Article 640a, a right of action for the granting of holiday shall prescribe by the lapse of five years after the last day of the…

The employee may demand that the employer grant him leave without pay for attending, as a member, meetings of the Upper House of the States-General…

It is not permitted to deviate from Articles 634 to 643 inclusive to the detriment of the employee, unless such deviation is permitted by those…

The employer shall not make any distinction between men and women when entering into the employment contract, in the provision of instruction to the…

The employer shall not make any distinction between employees on the basis of a difference in working hours in the conditions under which an…

The employer shall not make any distinction between employees in the terms and conditions of employment on the basis of the temporary or permanent…

The employer may only impose a fine for a violation of the provisions of the employment contract if the provisions, the violation of which is subject…

The possibility of imposing a fine shall be without prejudice to the right to claim damages pursuant to the law. However, the employer may not levy a…

If the parties agree on a probationary period, it shall be the same for both parties.

A clause between the employer and the employee whereby the latter is restricted in his capacity to be employed in a certain manner after the end of…

A clause whereby the employer prohibits or restricts the employee from performing work for others outside the times during which the work must be…

When an employment contract is entered into or amended in writing, the costs of the instrument and other incidental costs shall be borne by the…

The employer is obliged to provide the employee with a written or electronic statement containing at least the following data:

The employer is obliged to issue a certificate to the employee at the latter's request upon the termination of the employment contract.

The employer is obliged to inform the employee with a fixed-term employment contract in a timely and clear manner of a vacancy regarding an…

The employer is obliged to arrange and maintain the premises, equipment and tools in which or with which he causes the work to be performed, as well…

The employer shall promote, with respect to the employee who is prevented from performing the stipulated work due to incapacity as a result of…

The court shall dismiss a claim for the performance of the obligation referred to in Article 658a, paragraph 2, if the claim is not accompanied by a…

The employee is obliged to perform the work personally; he may not be replaced by a third party therein except with the consent of the employer.

The employee is obliged to comply with the instructions regarding the performance of the work as well as those intended to promote good order in the…

The employee who, in connection with incapacity due to illness, is prevented from performing the stipulated work, is obliged:

The employee who, in the performance of the agreement, causes damage to the employer or to a third party towards whom the employer is liable for the…

For the purposes of this Section, the following definitions shall apply:

By reason of the transfer of an undertaking, the rights and obligations arising for the employer in that undertaking at that time from a contract of…

Article 663, first sentence, shall not apply to rights and obligations of the employer arising from a pension agreement (pensioenovereenkomst) as…

For the purpose of the application of Article 673, the employment contract shall be deemed to have been terminated or not continued at the initiative…

If no works council has been established within an undertaking, nor a staff representation has been established pursuant to Article 35c, paragraph 1…

Articles 662 up to and including 665 and 670 paragraph 8 shall not apply to the transfer of an undertaking if:

This Section applies to the transfer of a seagoing vessel as part of the transfer of an undertaking, if the transferee falls within the territorial…

An employment contract terminates by operation of law when the period specified by contract or by law has expired.

The employer informs the employee in writing no later than one month before a fixed-term employment contract ends by operation of law:

As from the day that between the same parties:

The employer may terminate the employment contract if there is a reasonable ground for doing so and redeployment of the employee within a reasonable…

The employer cannot give notice of termination during the time that the employee is unfit to perform his work due to illness, unless the incapacity:

Article 670, paragraph 1, subparagraph a, shall not apply if the employee, without sound reason, refuses to comply with the obligations referred to…

An agreement by which an employment contract is terminated shall only be valid if it has been entered into in writing.

The employer cannot validly terminate the employment contract without the written consent of the employee, unless:

The employer who intends to terminate the employment contract on the basis of Article 669, paragraph 3, subparagraph a or b, shall request written…

The subdistrict court may, at the petition of the employer, dissolve the employment contract:

The subdistrict court may, at the petition of the employee, dissolve the employment contract on account of circumstances of such a nature that the…

Termination shall be effected as of the end of the month, unless another day has been designated for that purpose by written agreement or by usage.

The employer is liable to pay a transition payment (transitievergoeding) to the employee if:

It may be determined by collective labour agreement or by or on behalf of a competent administrative body that the transition payment, as referred to…

The transition payment (transitievergoeding), as referred to in Article 673, paragraph 2, is no longer due if the employer has been declared bankrupt…

The Employee Insurance Agency (Uitvoeringsinstituut werknemersverzekeringen), referred to in Chapter 5 of the Work and Income (Implementation…

The employment contract ends by the death of the employee.

The employment contract does not terminate by the death of the employer, unless the contrary follows from the contract. However, both the heirs of…

If a probationary period has been agreed upon, each of the parties is authorised, as long as that period has not expired, to terminate the employment…

Each of the parties is authorised to terminate the employment contract (arbeidsovereenkomst) forthwith for an urgent reason, under simultaneous…

For the employer, urgent reasons within the meaning of paragraph 1 of Article 677 shall be considered to be such acts, characteristics or conduct of…

For the employee, urgent reasons within the meaning of Article 677, paragraph 1, are considered to be such circumstances which result in the employee…

The court is authorised to mitigate a claim for the continued payment of wages based on the voidability of the termination of the employment…

The subdistrict court may, at the petition of the employee, annul the termination of the employment contract by the employer, or at his petition…

The subdistrict court may, at the petition of an employee whose employment contract has been terminated with the consent referred to in Article 671a:

By regulation of Our Minister of Social Affairs and Employment, rules may be established with respect to Article 681, paragraph 1, subparagraphs (d)…

If an appeal or an appeal in cassation is lodged against a decision for the dissolution of the employment contract as referred to in Articles 671b…

If the employment contract has been entered into for longer than five years or for the duration of the life of a specific person, the employee is…

The provisions of this section do not exclude for either party the possibility of dissolution (ontbinding) on the grounds of a failure in the…

Statutory interest shall be due on the amount of the compensation referred to in Article 672, paragraph 11, and Article 677, paragraphs 2 and 4…

The commercial agency agreement is an employment contract whereby one party, the commercial agent, undertakes towards the other party, the principal…

Articles 426, 429, 430 paragraphs 2 to 4 inclusive, 431, 432, 433 and 434 shall apply mutatis mutandis to the commercial agency agreement.

In deviation from Article 618, when determining the amount of the wages established in money for the period that the agency agreement…

The agency work employment contract (uitzendovereenkomst) is the employment contract under which the employee is placed at the disposal of a third…

Article 668a shall first apply to the agency work employment contract as soon as the employee has performed work for more than 26 weeks.

The payroll agreement is the agency work employment contract whereby the service agreement between the employer and the third party has not been…

Articles 628, paragraphs 5 and 6, and 691 shall not apply to the payroll agreement.

If the work is performed on board a seagoing vessel as referred to in Article 695 paragraph 1, the third party shall, regardless of the law…

The seafarer's employment agreement (zee-arbeidsovereenkomst) is the employment agreement, including the agency-work employment agreement…

This Section applies to seagoing vessels entitled to fly the flag of the Kingdom on the basis of legal rules applicable to the Netherlands and to…

The provisions of Sections 1 to 9 inclusive and Section 11 of this Title shall apply to the seagoing employment agreement, insofar as this Section…

The seafarer's employment agreement must be entered into in writing by the parties and be signed by them.

Every seafarer must be able to inspect his seagoing employment contract and the applicable collective labour agreement or regulations by or on behalf…

The seafarer's employment agreement shall in any event state:

A seafarer may not be restricted in their capacity to be employed in a certain manner after the termination of the seafarer's employment agreement.

From the time of commencement of the seafarer’s employment agreement (zee-arbeidsovereenkomst) as established in that agreement, the seafarer shall…

The seafarer is in service on board the seagoing vessel from the time that he commences his duties on board until the time at which he is relieved of…

The master represents the employer in the performance of the seagoing employment agreements with the seafarers who are employed on board the seagoing…

The seafarer is obliged to perform the work assigned to him by the master, even if it concerns work other than that which he is to perform in…

In matters concerning a seagoing employment contract or a collective labour agreement or regulation by or on behalf of a competent administrative…

Payment of the part of the wages earned in service on board a seagoing vessel, which has been determined in money, shall be made:

The seafarer may request the employer in writing to transfer his wages, in whole or in part, to persons to be designated by the seafarer. If…

The seafarer is entitled to payment of the wages earned in service on board a seagoing vessel:

If the seafarer performs work for a period longer than the normal working hours determined by law or by the seafarer's employment agreement, he shall…

If the seafarer performs work other than that which he is required to perform in accordance with the capacity in which he serves on board pursuant to…

If the seafarer cooperates in the preservation of the seagoing vessel, the persons on board and the goods on board, he shall be entitled to an…

If a seagoing vessel, which is not intended for the performance of towage services, provides towage services to another vessel encountered on the…

A right of action based on Articles 709 up to and including 712 shall be barred by prescription after the lapse of six months after the right of…

Insofar as the part of the wages expressed in money has been determined by the voyage, the seafarer is entitled to a proportional increase in wages…

The statement referred to in Article 626 shall be provided on a monthly basis and shall also contain a statement of the currency or the exchange rate…

No wages shall be due for the period during which the seafarer, without proper grounds, has refused to perform the stipulated work or other assigned…

The seafarer shall acquire an entitlement to leave of at least 30 calendar days for each year in which he has been entitled to wages during the full…

The seafarer is entitled to repatriation in a fast and appropriate manner, if possible by aircraft, to a destination chosen by him in the event:

The employer is liable towards the seafarer for the damage suffered by the seafarer as a result of a shipwreck or any other disaster befalling the…

If the seafarer dies during service on board the seagoing vessel or on shore in connection with the service on board, the following shall be for the…

If a probationary period has been agreed upon, it may not be invoked as long as the service on board has not ended.

The seafarer's employment agreement entered into or continued for a fixed period shall end in the first port at which the sea-going vessel calls…

The seafarer's employment agreement for a fixed period, entered into for the voyage, ends after the completion of the voyage or the voyages for which…

During the time that the seafarer is in service on board a seagoing vessel, each of the parties may terminate the seafarer's employment agreement…

During a voyage of the seagoing vessel, each of the parties may only terminate the seagoing employment agreement on the basis of Article 677…

Except in the cases mentioned in Article 678, paragraph 2, urgent reasons for the employer may, among others, be deemed to exist when:

Except in the cases mentioned in Article 679, paragraph 2, urgent reasons for the seafarer shall be deemed to be present when:

By way of derogation from Article 705, the petition for the dissolution of the seafarer's employment agreement, as referred to in Articles 671b and…

If the seafarer's employment agreement has been entered into for the voyage and, as a result of force majeure, the voyage does not commence or, after…

If the seagoing employment contract has been entered into for the voyage and the voyage does not commence due to the actions of the ship manager or…

The employer is obliged to provide the seafarer with a written statement of account within one month after the end of the service on board. A longer…

After the end of the voyage, the seafarer whose seagoing employment contract has ended is obliged, at the request of the master, to cooperate for…

The master who terminates his seafarer's employment agreement while the seagoing vessel commanded by him is on a voyage, is obliged to take the…

The seafarer who is prevented from performing the stipulated work due to incapacity resulting from illness, pregnancy, or childbirth, shall retain…

The seafarer, as referred to in Article 734, is entitled to proper nursing and medical treatment until his recovery.

The seafarer, as referred to in Article 734, who is insured pursuant to the Sickness Benefits Act (Ziektewet) or to whom any corresponding statutory…

For the calculation of the period of 104 weeks, referred to in Article 629 paragraph 1, the period, referred to in Article 734, during which the…

The seafarer, as referred to in Article 734, who is not insured pursuant to the Sickness Benefits Act (Ziektewet) and to whom a corresponding…

The seafarer, as referred to in Article 734d, who meets with an accident in connection with his seafarer’s employment agreement, shall, regardless of…

The seafarer, as referred to in Article 734d, shall, after the expiry of the 52-week period referred to in Article 734d, be entitled, in the event of…

The seafarer, as referred to in Article 734d, shall be entitled, in respect of an accident as referred to in Article 734e, to medical treatment or…

Without prejudice to Article 674, the surviving relatives referred to in Article 734e, paragraph 1, are entitled to a lump-sum payment, which amounts…

By administrative order (algemene maatregel van bestuur), rules may be established to prevent or limit the concurrence of benefits or provisions as…

For the purposes of Articles 734f and 734h, the wages of the seafarer shall be understood to mean the wages determined in money by reference to a…

If an association with full legal capacity recognized for that purpose by Us has been established, the employer shall, for the purpose of…

After his recovery, the seafarer shall, regardless of the continuation of the seafarer's employment agreement, be entitled to a benefit equal to the…

Article 93, opening words and under (c), of the Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering) applies to all claims pursuant to…

Articles 702, 703, 704 paragraph 2, 709, 711, 718 to and including 720, 725, 732, 734 to and including 734c, 734e to and including 734m and 738 to…

Articles 697, 699, 702 up to and including 712, 714 up to and including 725, 729, 731, 732, 734, 734a, 734d up to and including 734l and 738 up to…

Articles 718 up to and including 720 apply mutatis mutandis to persons who, other than on the basis of an employment contract and regardless of the…

The ship manager is liable for the performance of the obligations arising from Articles 706 through 709, 717, 719, 720 and 734 through 734l, if the…

The ship manager shall ensure the repatriation of the seafarer if the employer has abandoned the seafarer.

Claims which are covered by insurance pursuant to Article 738a may be brought directly by the seafarer against the insurer.

The insurance agreement, referred to in Article 738a, paragraph 4, shall comply with the following:

Articles 738a, paragraphs 2 to 7 inclusive, 738b and 738c shall apply mutatis mutandis to the ship manager who is also the employer of the seafarer.

The ship manager is liable for the damage suffered by the seafarer as a result of the employer's failure to comply with its contractual obligations…

The ship manager, who is also the employer of the seafarer, is obliged to maintain insurance to cover their liability arising from their contractual…

In this section, the following definitions shall apply:

Sections 1 to 9 inclusive and 11 and 12 of this Title apply to the employment agreement of the seafarer in sea fishing, insofar as this Section does…

The employer and the seafarer in sea fishing, whose wages consist of a share in the catch or the proceeds thereof, shall agree upon a guaranteed wage.

The seafarer's employment agreement in sea fishing shall state, in addition to the particulars referred to in Article 699:

With regard to the seafarer in sea fishing, whose wages consist in whole or in part of a share in the catch or the proceeds thereof, a collective…

Article 709 does not apply with respect to the seafarer in sea fishing whose wages consist of a share in the catch or the proceeds thereof.

For seafarers in the sea fishing industry, whose wages consist of a share in the catch or the proceeds thereof, for the application of:

The employer shall not charge the seafarer in sea fishing for the transfer referred to in Article 707, paragraph 1.

Articles 623, 624, 695, paragraph 1, 697, 698, 700, 702, 703 to 707 inclusive, 718, 719, paragraphs 1, 2, 5 and 6, 720, 732, 734 to 734m inclusive…

If the employer of the seafarer in sea fishing does not timely fulfill the obligations regarding repatriation, as referred to in Article 718, the…

Articles 623, 624, 695, paragraph 1, 697, 698, 700, 702, 703 up to and including 707, 718, 719, paragraphs 1, 2, 5 and 6, 720, 732, 734, 734a, 742…