These employees are in any case entitled to the main terms of employment set out in Dutch law, such as: 1. the minimum wage; 2. sufficient rest periods; 3. safe working conditions; 4. equal treatment of men and women; 5. a minimum number of days of leave. Does your company meet the requirements of the new legislation? In this case, you are personally responsible for coordination between these experts and the occupational health and safety service, for instance in the event of a reintegration process or a periodical medical examination. If necessary, assist the employer and other experts with performance of their obligations. Use work resources and hazardous substances in the correct manner. Related articles. ArboNed will monitor the statutory obligations in relation to absence and reintegration, including the relevant administrative processes. This person is called a designated worker or the prevention worker. Your personal contract of employment will determine your pay and specific conditions. Together you work on a healthy and safe work environment. Your employee may request this surgery hour by calling ArboNed and making an appointment. Working conditions in the Netherlands are mainly the responsibility of the employer and employees within a company. EHSQ Content Team. 2316 ZL Leiden European Foundation for the Improvement of Living and Working Conditions. Because in the Netherlands the social security system obliges the employer to pay at least 70% of the salary of the employee who has fallen ill. The Netherlands - Working conditions In 1999, the Dutch labor force numbered 7.13 million. Draw up an action plan as follow-up to the RI&E. The Act will take effect on July 1, 2017. The Working Conditions Act (known in Dutch as 'Arbowet', which governs employees' health safety and well-being) has been amended effective 1 July 2017. Netherlands - Working Conditions Act . Immediately report to the Health and Safety Inspectorate any industrial accidents that result in death, permanent injury or hospitalisation. This means, for instance, that employees may not jeopardise their own safety or that of others. In sectors where a generally binding collective … Netherlands - Working Conditions Act Statute that sets out to ensure compliance with relevant labour and safety codes and regulations. On call duty may not last longer than 24 hours per shift. Dutch employment law covers key areas such as trial periods, Dutch vacation allowance, notice and dismissal, the Dutch minimum wage, health and safety, and equal treatment. The Ministry of Social Affairs and Labour monitors adherence to the rules through their inspection service. In doing so, you can opt for a safety net or customised scheme. The general provisions regarding a company's health and safety policy, Preventing illness and incapacity for work. Within these frameworks, organisations can customise their policy to their own situation. Full-time workers numbered 4.12 million, while part-time employees numbered 3.01 million. With a safety net scheme, you conclude a contract for a range of services with a certified occupational health and safety service, such as ArboNed. This prevention worker has to assist the employer with the risk assessment and evaluation, and also assist the work council with OSH related matters. Netherlands: Amendments To Working Conditions Act In The Netherlands (Dutch) 12 September 2017 . E-mail: info@arboineuropa.nl, Dutch publications about safety and health, Full text version 1-06-2017 of the Working Conditions Act, Full text version 1-09-2016 of the Working Conditions Decree, Full text version 1-09-2016 of the Working Conditions Regulation, Full text version 1-09-2016 of the Major Accidents Decree, Full text version 1-09-2016 of the Major Accidents Regulation, Ministry of Social Affairs and Employment. There is no definition of working time in the Act, nor in the Decree. Do you produce hazardous substances in your company? Fulfilling the Dutch Working Conditions Act More and more companies are introducing whistle-blower policies. The Act gives certain powers to the Inspectorate-SZW, for example to force the employer to stop the work. This will also allow you to discover potential (work-related) complaints at an early stage. These employees are in any case entitled to the main terms of employment set out in Dutch law, such as: In this Decree and the provisions based on it, the Act means: the Working Conditions Act 1998. The applicable conditions are included in the Dutch Working Hours (Adjustment) Act. The work done in the organisation may not have any negative consequences for the health and safety of your employees. Robert 06 Feb 2010, 12:54. Visit us in. Minimum Working Conditions. "According to Dutch law you are allowed to work a maximum of 9 hours a day and 45 hours a week" is also bullocks. The Working Conditions Act (or short Arbowet) is a Dutch law that contains rules for employers and employees to promote the health, safety and welfare of employees and independent entrepreneurs. If your employees reject the proposal to switch to the customised scheme, you are obligated to apply the safety net scheme. Skip to content. In this Decree and the provisions based on it the following words have the following meaning: a. construction site: any temporary or mobile work site where civil engineering or construction activities are The importance of employers and employees taking personal responsibility for health and safety is pivotal in the Dutch Working Conditions Act. In actual practice, trade unions and employers' organisations often draw up the working conditions catalogue for the entire industry or sector.Risk Identification and Evaluation (RI&E) and working conditions agreements form a good basis for doing so. by Eugenie Nunes and Epke Spijkerman Dentons To print this article, all you need is to be registered or login on Mondaq.com. So, it’s very costly for an employer not to pay attention to the assistance of sick employees by an OSH-service or an occupational physician. On January 24 the Dutch Senate adopted the amended Working Conditions Act. You are under a statutory obligation to record this consent in writing. The employer has to establish a working conditions policy within the company. Statutory obligations of the employer: Employees are expected to 'behave responsibly'. They are required to reach agreement on working conditions and are supported by trade unions and the trade association for the sector in drafting appropriate occupational health and safety measures. The Dutch Working Conditions Act focuses on: The general provisions regarding a company's health and safety policy Promoting good working conditions Preventing illness and incapacity for work In this action plan, you indicate which risks will be addressed and within what term. More specific target requirements and limit values are included in the Working Conditions Decree. Legislation on-line European Agency for Safety and Health at Work, https://osha.europa.eu PDF of Act as applicable at 25/3/2013 (consulted on 2014-04-28) Abstract/Citation: Contains provisions regulating maximum working time and working conditions. Published on October 31, 2018 August 13, 2019 by Lockton Global Compliance. A high proportion of women in the Netherlands, approximately 74 percent, work part time. The statutory minimum entitlement to leave is 24 working days per year (Federal Holidays Act [Bundesurlaubsgesetz]). Under the new Dutch Working Conditions Act, you as an employer must also actively alert employees to this right. For these employees the maximum hours of work is an average of 48 hours per week, over a 26 week period and employees are allowed to work a maximum of 52 on call duties in a period of 26 weeks. Most of the EU-directives related to occupational … In the Netherlands lunch breaks are usually 30 minutes, unpaid. The working conditions surgery hours (or walk-in surgery hours/preventative surgery hours) already featured in our service provision. Arboportaal lists the working conditions catalogues (in Dutch) that are approved in the Netherlands. Working Conditions Act 1998 We, Beatrix, by the grace of God, Queen of the Netherlands, Princess of Oranje-Nassau, &c. Greetings to all those who shall see this or hear it read, and be informed that: Provide information to your employees about the work to be performed and the related risks and measures aimed at preventing or reducing these risks. Such enforcement currently may arise from the requirement of good employment practice (Article 7:611 of the Dutch Civil Code), the employer's power to give instructions to the employee (Article 7:660 of the Dutch Civil Code) or the employer's general duty of care (Article 7:658 of the Dutch Civil Code). In this Q&A, we'll answer the most predominant questions asked by employers in connection with the coronavirus outbreak (COVID-19) in the Netherlands. In the Netherlands, it is the employer and employees within a company who have primary responsibility for occupational health and safety policy. Periodically offer your employees the opportunity to have a medical examination. The OSH-service or the occupational physician in the Netherlands are external organisations/specialists mostly. It aims to complement other EurWORK research by providing the relevant background information on the structures, institutions and relevant regulations regarding working life. Proposed changes to the current Working Conditions Act (Arbeidsomstandighedenwet) (the Act) are expected to have a direct impact on all companies in the Netherlands.The changes will mainly impact on the current relationship with the occupational health & safety service provider (Arbodienstverlener); existing policies in relation to sickness prevention; and conditions that apply to … Proposed changes to the current Working Conditions Act (Arbeidsomstandighedenwe t) (the Act) are expected to have a direct impact on all companies in the Netherlands. To do so, employers describe techniques, means, methods and standards. The terms and conditions of employment (such as maximum working hours, minimum paid vacation and sick leave) are regulated by statutes, collective bargaining agreements and works council agreements. The individual employment agreement cannot deviate from these provisions to the detriment of the employee. If you work less than 36 hours a week, but more than 12, then you are considered as working part time (deeltijd). Inform the employer of any health and safety hazards found in the organisation. 1. In many companies, lunch breaks are not part of official working hours (and therefore not paid for). 1.2 Socio-economic context You can, for instance, opt to engage independent company doctors. Please contact the Netherlands Enterprise Agency, RVO +31 (0)88 602 44 44. The Dutch Working Conditions Act is a framework act: it contains general provisions on health and safety policy in an organisation. Please find below an overview of the Dutch working conditions legislation, including extra information (recent highlights and changes): Some typical elements in the Dutch occupational safety and health legislation: 2. 1. The Dutch Working Hours (Adjustment) Act will be amended when the new Act will enter into force and employees will be entitled to file a request with the employer for all forms of flexible working. Dutch Corporate and Trade Laws Act of March 18, 1999, containing provisions to improve working conditions (Act on Working Conditions, 1998) - The Netherlands Hoofdstuk 1. The legislator describes these target regulations as concretely as possible in the Dutch Working Conditions Act, the Working Conditions Decree and the Working Conditions Regulation. Schipholweg 77-89 If you are moving to the Netherlands and are about to work here, the Dutch employment law will become important to you. This also applies to employees with a structural functional limitation, e.g. With a customised scheme, you yourself determine who to engage as absence support expert. Of this total, 4.02 million were men and 3.11 million were women. Utrecht - Leiden. If a pregnant employee or a employee during the lactation is working or is usually working in a business or institution, special attention is paid in the risk inventory and evaluation of risks, as referred to in Article 5 of the Act, to the non-limitative list of agents, processes and working conditions, included in … Go to list page. In principle, employer and employee are free to agree to the wages to which an employee shall be entitled. It is illegal to produce, possess, sell, import and export drugs. If employee work 8 hours a day, it is expected to be present between 8.5 and 9 hours, depending on the breaks. Develop and implement health and safety policy. In principle, employees cannot be obliged to work from home and employees cannot refuse to come to work. In this Decree and the provisions based on it, the Act means: the Working Conditions Act 1998. The employer must ensure that the health and safety of employees is protected and is particularly required to operate a policy aimed at preventing or eliminating “employment-related psychosocial pressure”. Reintegration obligations; Reporting employee illness and recovery; Working conditions for employees ; Health and safety officer; This article is related to: Health and safety at work; Questions relating to this article? Working Conditions Act Act of 18 March 1999, containing provisions to improve working conditions (Working Conditions Act) Translation presented by the Netherlands Focal Point for Safety and Health at Work, http://nl.osha.europa.eu No rights can be derived … Council Directive 2003/88/EC . Read everything there is to know about Dutch employment law. The general rules of the Working Conditions Act are elaborated upon in the Working Conditions Decree. Special rules apply to certain groups of people, including young people under the age of 18 and disabled people. Assisting employees who are not able to work because of illness; Reviewing the risk assessment and evaluation; Conduction the periodic occupational health examination; Conduction the pre-employment medical examination. It’s designed to increase the involvement of employees and employers in occupational health and safety services (OHS), to enhance prevention in the employer’s business, and improve the preconditions for the company doctor’s activities. Temporary labour contract. As of 1 January 2016 employees have the right to file a request with the employer for amendment of their working hours, wor… What are the rules around working from home? The Dutch Working Conditions Act describes that you and your employee have shared responsibility for improving working conditions. ... Netherlands: Working time flexibility. The Working Conditions Act (known in Dutch as 'Arbowet', which governs employees' health safety and well-being) has been amended effective 1 July 2017. The Dutch Working Hours (Adjustment) Act will be amended when the new Act will enter into force and employees will be entitled to file a request with the employer for all forms of flexible working. Risk Identification and Evaluation (RI&E). Wrong. ArboNed regularly acts as adviser for drawing up industry catalogues. However, the government designed a drug policy with tolerates smoking cannabis under strict terms and conditions. All drugs are forbidden in the Netherlands. It will get you fired if caught or at the very least you'll be the risée of the workplace. The laws covering employment in the Netherlands are many and various. Salary. The Act will take effect on July 1, 2017. The Working Conditions Act is largely based on the European working conditions framework directive. If social partners have drawn up a working conditions catalogue for the industry, the Health and Safety Inspectorate expects all employers in that industry to implement the target regulations as described in that catalogue. Indeed, reporting in sick while you in fact aren't is regarded extremely anti-social behaviour. because of illness. However, the Act on Minimum Wages and Minimum … The number of people in the Netherlands becoming infected with coronavirus is falling slightly. Take effective measures regarding first aid, fire fighting and the evacuation of employees and other people present. In the Netherlands many branches have made so-called OSH-catalogues; in these OSH-catalogues one can find branche-made solutions. The Dutch Working Conditions Act provides the basis for a sound health and safety policy. The Working Conditions Act Under the Working Conditions Act (Arbowet) , companies in the Netherlands are obliged to protect their employees from such psychological stresses. This is also the case if there are dangerous emissions in the … Copy of the Netherlands Working Conditions Act The deadline for compliance with the Working Conditions Act (“Arbowet”) expired 1 July 2018, for existing occupational health provider contracts. Although they are not mandatory, they are a visible confirmation of your responsibility as an employer to respect the health, safety and well-being of your employees, as defined in the Working Conditions Act. The applicable conditions are included in the Dutch Working Hours (Adjustment) Act. These acts were adapted several times, and in the last decennia of the 20th century they were replaced by the Working Conditions Act (1980) and the Labor Time Act (1996). Back to Peer Resource. Copy of the Netherlands Working Conditions Act. The new act allows for greater involvement of employees and employers in working conditions' policies and pays more attention to … Coffeeshops. (last check June 1st 2017, for relevant changes). By engaging ArboNed, you meet your statutory obligation in relation to absence support. On January 24 the Dutch Senate adopted the amended Working Conditions Act. The occupational health and safety policy is supposed to be agreed upon by both parties or their representatives, such as trade unions and associations. Or that an employee working at a height of 2.5 metres must be protected against the risk of falling. You have to protect them and take measures. The Posted Workers Directive (Directive 96/71/EC and Directive 2014/67/EU) (the Posted Workers Directive) applies where a company (the Service Provider) in one EU member state, has a contract to provide services to an undertaking in another member state and pursuant to that contract posts workers (Workers) to that other member state. Minimum Working Conditions. The entrepreneur shall give the persons working in the enterprise an opportunity, in a meeting as mentioned in paragraph 1, to render advice about any proposed decision on the part of the entrepreneur that may lead to a loss of jobs or to major changes in the terms of employment or working conditions of at least one quarter of the persons working in the enterprise. The starting point is to have as few additional rules as possible on top of the European Union's regulations. Employees must comply with work instructions and use materials in the correct manner. The aim is to prevent accidents and illnesses caused by work. ArboNed can help and advise you on drawing up a working conditions catalogue. Should an employee be taken ill nonetheless, you must do all you can to enable your employee to resume their duties as soon as possible. The Hague - Amsterdam. This shows the lockdown is starting to work. Netherlands September 5 2017 The Working Conditions Act (known in Dutch as 'Arbowet', which governs employees' health safety and well-being) has been amended effective 1 … The employer is obliged to contract an occupational safety and health service or an occupational physician. You must also keep a list of reported industrial accidents and of accidents that have resulted in absence with a duration exceeding three working days. This includes indicators, data and regulatory systems on the following aspects: actors and institutions, collective and Toggle navigation Menu Helpdesk + 31(0)85 4000 338 helpdesk@access-nl.org. Emergency response. Currently employees can only file a request for amendment (increase or reduction) of their working hours. 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