Netherlands background check hiring procedure

Articles

  1. Pre-Employment and Criminal Background Checks for Employment
  2. Employment contracts under Collective Labour Agreements
  3. Questions and Answers about Holland
  4. Dutch employment law

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Pre-Employment and Criminal Background Checks for Employment

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Benefit of Diligent Hiring. Companies who invest in screening are 3X more likely to track quality of hire. The situation changes if either parties or one of them want to end the contract before the agreed date. In this case, the option for termination of the contract before the final date must be part of the contract. If the employer wants to end the contract before the agreed date, he needs to follow a legal dismissal procedure. The most important difference between a temporary and a permanent labour contract is that a permanent labour contract has no end date.

The differences for terminating a permanent labour contract are explained as below:. A permanent labour contract can be ended by one of the parties. The rules are different for employers and employees. The employer needs to apply for a dismissal permit. The term of notice depends on the duration of the contract on the day the employer applies for the dismissal permit. We advise you to contact the UWV Werkbedrijf for more information if you are confronted with this situation. Both employer and employee have the right to go to court and ask to end the permanent labour contract. The contract with an employment agency uitzendbureau differs fundamentally from a contract with an employer described above.

The employment agency is your legal employer while you work in a company that hires you from the employment agency. In particular, your protection against dismissal during a certain temporary period is not regulated. On the other hand, both you and the company you are working for can terminate your employment at any given time during the agreed employment period. Employment agencies have their own Collective Labour Agreement. Employment agency employers are prohibited from charging temporary workers money or any other consideration for being given temporary work.

Employment agencies must inform temporary workers in writing about the working conditions at the place of work in advance. There are a number of restrictions for dismissal. You cannot be dismissed on the grounds of your gender or when you are pregnant.

In case of summary termination the employment contract ends with immediate effect. Your employer does not need permission from the UWV Werkbedrijf to dismiss you in this case. Your employer can only dismiss you with immediate effect if he has a very good reason, for example if you steal, commit fraud, refuse work without good reason or come to work drunk.

He must immediately tell you why you have been dismissed. If you have been dismissed, your employer must observe a period of notice, so you should be told in advance that you will be dismissed.

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The period of notice is often mentioned in your contract or CAO. If not, the following periods of notice should be observed:.

Employment contracts under Collective Labour Agreements

You can also agree with your employer that you will stop work immediately. You both must consent to this. If you resign, you must observe a notice period of one month. Your employment contract may state otherwise, provided it is in writing.

HR Basics: Background Checks

Most companies and organisations participate in a collective labour agreement CAO. This is a written agreement between one or more employers and one or more trades union about the labour conditions for all employees, such as wages, payment of extra work, working hours, probation period, pension, education and childcare. The agreements in a CAO are often better than those prescribed by law, but they may never contradict the law. If there is no CAO, you have to make an individual agreement with your employer about the labour conditions, preferably in writing.

Questions and Answers about Holland

The legal rules are the basis for this agreement. Employees in the Netherlands are not only entitled to fully paid leave days, but also to several kinds of special leaves such as:. More detailed information about holidays and special leave is available on the website of the Dutch government. The right to leave days is built up during the course of a year. If you have not yet been employed for one year by an employer, your holiday will be calculated proportionately.


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You will receive full pay during your leave. In addition, you are entitled to a minimum leave allowance. The leave allowance is payable by your employer and is paid at least once a year usually in May. Your employer must specify the amount of your leave allowance on your salary slip. The CAO might include other agreements about the number of leave days, the payment and the amount of the leave allowance.

Whether you are free from work on these days depends on the agreements made between employers and employees in the CAO or those in your employment contract. Leave entitlements can be saved for up to five years. This offers employees more scope to save up a portion of their paid leave days for longer periods in order to — for example — take a day off to tend to a sick child or any family member or to attend a study course, etc.

Both parents can take adoption leave.

Dutch employment law

When you adopt more than one child at the same time, you can take the adoption leave only once. When you have foster children you are also entitled to adoption leave. Your adoption leave may be between two weeks before to sixteen weeks after the adoption. The maximum amount of leave is four weeks, in which you will receive an allowance that matches your salary, up to a maximum amount.

Emergency leave is leave you can take when you suddenly and unexpectedly need to take time off, for example when the water mains in your house burst or your child becomes ill. The period should be reasonable, so the length depends on why it is needed.