Key aspects of Dutch Labour Law in English #duchlabourlaw
Minister Asscher briefed on 1 December 2016 the Dutch second chamber on the plan to address the abuse by intern (stage) / work experience employers of graduated young people.
Aspects that Dutch Managers must keep in mind:
The term intern or stage has no legal meaning or consequences.
The term intern (stage) can only be used if there is no indication of an employment contract.
An intern receives an intern compensation and an employee with work experience receives an employment contract and minimum wage.
An intern position has learning as goal and can be part of the study of the person.
To utilize (misuse) a well-equipped person with experience in the specific field as an intern is an unfair labour practice and there is in terms of article 7:610a of the Dutch Civil Code a presumption of law that there an employment contract
An employee remains entitled to an allowance by way of compensation for any days of annual leave not taken in the course of his employment even when the said employee himself decides to retire from the job, the Court of Justice of the European Union (CJEU) has recently confirmed.