New Year, new Dutch employment law rules!

From JDSupra, Maria Benbrahim reports on Dutch employment law changes for 2024 including a proposal to clarify the difference between employees and independent contractors. Maria writes:

On behalf of the Employment Team of Hogan Lovells Amsterdam, we extend our best wishes for the New Year. In this newsletter, we will highlight key employment law changes effective from the 1st of January 2024, including important legislative proposals.

Employment law changes

Minimum wage

As of 1 January 2024, employers are required to pay employees aged 21 and above, at least the minimum hourly wage of EUR 13.27. The introduction of a minimum hourly wage instead of a minimum daily, weekly or monthly wage ends the situation where employees working 40-hours per week have a lower hourly wage than employees working at a company where a 36-hour work week is the full-time norm. For employees under 21 years old, fixed youth minimum hourly wages apply.

Increase in untaxed travel allowance and home working allowance

As of 1 January 2024, the untaxed kilometer allowance for travel expenses has raised from EUR 0.21 to EUR 0.23 per kilometer. In addition, The tax-free home working allowance has increased from EUR 2.15 to a maximum of EUR 2.35 per day.

Increase in maximum transitional compensation

In 2024 the maximum transitional compensation will be capped at EUR 94.000 gross, compared to EUR 89.000 gross in 2023 or, if an employee’s annual salary surpasses this amount, the transitional compensation will be capped at one annual salary.

Change in pension age (AOW)

The state pension age has increased from 66 years and 10 months to 67 years from 1 January 2024. Besides, as a result of new pension legislation, employees will start accruing pension from the age of 18 instead of 21.

Whistleblower protection act

The Whistleblower Protection Act came into force for ‘large’ employers (employing at least 250 employees) on 18 February 2023. On 17 December 2023, the law became applicable to medium-sized employers as well (employing between 50-249 employees). The Whistleblower Protection Act requires employers to draw up a procedure for reporting suspected abuse within the organization.

Mandatory Co2 registration for employers

As of 1 July 2024 organisations with 100 or more employees must report on their employees’ work-related travel. The report should include details on the total kilometers travelled, vehicle type, and fuel type. In case of non-compliance enforcement actions may be taken.

Legislative proposal regarding false self-employment

The legislative proposal Clarification of the Employment Relationship Assessment and Legal Presumption (Wet verduidelijking beoordeling arbeidsrelaties en rechtsvermoeden) aims to clarify the difference between an employee and independent contractor.

It is anticipated that this proposal will be presented to the Dutch House of Representatives in the second quarter of 2024 and potentially enters into force in the summer of 2025.

Source: New Year, new Dutch employment law rules! | Hogan Lovells – JDSupra

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