Introduction
Employers have a great deal of authority, but they are bound by clear rules. Nevertheless, mistakes are regularly made that can disadvantage employees. This blog discusses three common mistakes and explains what rights employees have under labor law.
Mandatory presence outside of working hours must be compensated
You may not require employees to be present before their shift begins without paying them for that time.
This often occurs in situations such as:
- Store employees who must be present before opening time or who must clean up after closing time.
- Warehouse workers who have to clock in early without being paid for that time.
Courts have repeatedly ruled that all required time spent on the job counts as working time. This therefore entitles you to normal pay. Even short periods before or after your official working hours may count as working time.
Right to a Transition Allowance Upon Termination of Employment
If your temporary contract expires or you are terminated, you are entitled to a transition allowance. This always applies when the employer initiates the termination of employment. An employer may not refuse to pay the transition allowance unless the employee has committed a serious act of misconduct (such as theft or fraud). In all other cases, the employer is required to pay the transition allowance, regardless of the reason for the termination.
No Unjustified Deductions from Your Paycheck
Your employer cannot simply withhold or deduct amounts from your pay. Examples of unauthorized deductions include:
- Fines for missing an appointment with the company doctor.
- Costs for courses or educational expenses that were not properly agreed upon.
- Claims for damages without clear written consent.
The law protects your wages: deductions are only permitted if you have given your written consent and the rules set forth in the law are followed. Without a valid agreement, wage deductions are prohibited.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists business owners on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight contracts and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to help you if you have any questions about XXX. Please feel free to contact us .
April 2025