Tuesday, March 9, 2021

Minimum wage

In the Netherlands, the minimum wage is determined based on the age of the employee. The government adjusts the amount of the minimum wage twice a year – on 1 January and 1 July.

The gross minimum wage as of 1 January 2021, for the employees over the age of 21 is of €1,684.80 per month, €388.80 per week and €77.76 per day.

Employees under the age of 21 are granted a different minimum salary, as follows:

  • 20 years: €1,347.85/ month, €311.05/ week and €62.21/ day
  • 19 years: €1,010.90/ month, €233.30/ week and €46.66/ day
  • 18 years: €842.40/ month, €194.40/ week and €38.88/ day
  • 17 years: €665.50/ month, €153.60/ week and €30.72/ day
  • 16 years: €581.25/ month, €134.15/ week and €26.83/ day
  • 15 years: €505.45/ month, €116.65/ week and €23.33/ day

What does the remuneration include?

  • the basic wage agreed in the contract
  • allowances for shift work, irregular hours and performance-related payments
  • weekly or monthly fixed payments based on the employee’s turnover
  • work-related payments by third parties (tips or payments agreed between the Company in the Home Country and the employee)

 

Legal working hours

The law does not lay down how many hours there are in a full working week. There are usually 36, 38 or 40 hours in a week.

However, the maximum legal working schedule in the Netherlands is of 12h/shift or 60h/week.

 

Minimum number of days/hours off:

  • After a working day, an employee must have 11 consecutive hours of rest time;
  • In the case of a 5-day work week, an employee must have 36 consecutive non-working

hours;

  • A longer working week is also possible, provided that the employee has at least 72

consecutive hours in a 14-day period

  • An employee must have at least 13 Sundays off per year.

After 12 months, posted workers are entitled to all the terms and conditions of employment under Dutch labor law and the conditions of the collective labor agreements, with the exception of the conditions for supplementary occupational pension schemes and the conditions for conclusion and termination of an employment contract.

 

Breaks

  • If an employee works for more than 5 ½ hours, he is entitled to at least 30 minutes of break time. This may be split into two 15-minute breaks;
  • If an employee works for more than 10 hours, he must have at least 45 minutes of break time. This may be split into several breaks, each of which must be at least 15 minutes.
  • A collective arrangement may include agreements on fewer breaks. But if the employee works for more than 5 ½ hours, he must at least have 15 minutes of break time.

 

Leave

The statutory number of leave hours per year is at least 4 times the number of weekly working hours. In case of part-time employment, the number of leave hours is calculated proportionally.

 

Notification requirement as per The Posted Workers Directive

 Employers abroad that post employees in the Netherlands have a notification obligation.

The notification must be sent online before the commencement of work and it must include certain identification data.

For certain categories of employees (e.g. the ones that are rendering incidental work in the Netherlands), there is an exception from the notification obligation.