Expats in Holland facing hard times

Wednesday, 15 April 2009 10:57

Expats resident in the Netherlands are having their contracts abruptly terminated as the Dutch business community experiences the sharp end of the recession. There is increasing evidence their employment rights are not being respected.
Amsterdam-based employment lawyer Sanne van Ruitenbeek commented, “In their haste to terminate contracts with their expat employees, employers in the Netherlands sometimes even bypass the notice period or payment of a severance fee.” Expats often aren’t aware of their rights, she added.

She has had to deal with an increasing number of expat clients during the course of this year, and is at pains to point out that Dutch law is strongly geared towards the rights of employees.

“For instance, an employer is not allowed to fire an employee without the court or labour office’s permission. It is also very common in the Netherlands that a fired employee will be compensated for loss of income and possible damages.”
However, circumstances are markedly different for expats when compared to indigenous workers. When expats are dismissed, Ms Van Ruitenbeek observes that they are faced with a number of often difficult questions.

“They are left wondering about their residence status or where to look for another job. “They don’t know who should pay for their relocation costs, what to do about the rental contract of their home, their children’s school or their partner’s job.”

Ms Van Ruitenbeek has a few “do’s and don’ts” advice for expats threatened with dismissal. “Be aware that your employer should respect Dutch and international law even though your contract may state otherwise, and that the regular Dutch severance calculations should be adjusted to your expat situation. Do not sign any termination agreement before obtaining advice from an expert, and contact a lawyer as soon as your employer mentions that he intends to fire you.”