Employment Lawyer in the Netherlands

An employment lawyer (arbeidsrecht advocaat) is a legal professional who specialises in the rules and regulations governing the relationship between employers and employees. If you are facing dismissal, have received a settlement agreement, or are involved in a workplace dispute, an employment lawyer can protect your rights and help you achieve the best possible outcome. In this article you will learn what an employment lawyer does, when you need one, how costs and fees work, and how to find the right lawyer for your specific situation.

The role of an employment lawyer

An employment lawyer is a lawyer who has specialised in arbeidsrecht (employment law) — the body of law that governs employment relationships in the Netherlands. This includes the rules on employment contracts, dismissal, severance pay, working conditions, collective labour agreements, and dispute resolution. Employment law is a distinct legal specialisation because it involves a unique combination of statutory rules, case law, and practical negotiation.

The key functions of an employment lawyer include:

Legal assessment and advice

The employment lawyer analyses your situation from a legal perspective. This means reviewing your employment contract, applicable collective labour agreement (CAO), correspondence with your employer, and any other relevant documents. Based on this analysis, the lawyer advises you on your rights, options, and the most effective course of action. For example, if you have received a settlement agreement, the lawyer checks all clauses, verifies the severance pay calculation, and identifies risks or points for negotiation.

Negotiation with the employer

Once the legal position is clear, the employment lawyer can negotiate with your employer or their legal representative on your behalf. This is often the most valuable service in settlement agreement situations. An experienced employment lawyer knows the prevailing market standards, understands case law, and can argue convincingly for better terms. The lawyer handles the communication, shielding you from direct confrontation and pressure tactics.

Court representation

If negotiation fails or if a formal legal procedure is necessary, the employment lawyer represents you in court. In the Netherlands, most employment law cases are heard by the subdistrict court (kantonrechter), where representation by a lawyer is not mandatory. However, given the complexity of employment law and the stakes involved, having a lawyer is strongly recommended. For higher courts (appeal at the Court of Appeal, or cassation at the Supreme Court), legal representation is mandatory.

Drafting and reviewing documents

The employment lawyer drafts legal documents such as letters to the employer, objections to dismissal decisions, court submissions, and counterproposals for settlement agreements. They also review documents that you receive, ensuring that you understand their legal implications before signing.

Mediation support

In some workplace disputes, mediation (a structured negotiation facilitated by an independent mediator) is used to find a solution. Your employment lawyer can advise you during the mediation process, review any mediation agreement before you sign, and ensure that your legal rights are protected throughout.

When to hire an employment lawyer

While any employment-related legal question can benefit from professional advice, there are specific situations in which hiring an employment lawyer is particularly important.

Settlement agreement

If you have received a settlement agreement (vaststellingsovereenkomst), having it reviewed by a lawyer is strongly recommended. The agreement is a legally binding document that ends your employment and affects your financial situation, unemployment benefit eligibility, and future career options. A lawyer identifies risks, verifies calculations, and negotiates improvements. In most cases, the employer contributes to your legal costs, so the advice is affordable or even free.

Dismissal (any route)

Whether your employer is seeking a UWV dismissal permit, has filed a court petition, or has dismissed you summarily, an employment lawyer can defend your interests. The lawyer assesses the strength of the employer's case, prepares your defence, and represents you in any proceedings. Quick action is often essential: deadlines for contesting dismissal are strict.

Workplace conflict or harassment

If you are experiencing a serious conflict with your employer, bullying, harassment, or discrimination, a lawyer can advise you on your rights under Dutch employment law and anti-discrimination legislation. They can help you document the situation, file complaints, and pursue remedies — including compensation if the employer's behaviour is culpable.

Reorganisation or collective dismissal

If your employer announces a reorganisation that may affect your position, understanding the legal framework is important. The employer must follow specific rules regarding the selection of employees for dismissal (the "afspiegelingsbeginsel" or reflection principle), consultation with the works council, and compliance with any social plan. A lawyer can assess whether these rules are being followed and advise you on your options.

Illness and reintegration disputes

If you are on long-term sick leave and disagree with your employer about reintegration obligations, or if your employer is seeking to terminate your employment after two years of illness, an employment lawyer can help. The intersection of illness, employment law, and social security law is particularly complex.

Contract issues

If your employer refuses to offer a permanent contract after a chain of temporary contracts, unilaterally changes your terms of employment, or withholds salary or bonuses, a lawyer can advise you on your rights. Similarly, if a non-compete clause, non-solicitation clause, or training costs clause is causing problems, a lawyer can assess whether the clause is enforceable and advise on how to deal with it.

Costs and fee structures

The costs of hiring an employment lawyer depend on the type of case, the fee structure, and the complexity of the matter. Here is an overview of common fee arrangements.

Hourly rate

The most common fee structure is an hourly rate. Employment lawyers in the Netherlands typically charge between €150 and €350 per hour (excluding 21% VAT), depending on experience, expertise, and location. Senior partners at large firms may charge more. At the start of the engagement, the lawyer should provide an estimate of the expected number of hours and total costs.

Fixed fee

For well-defined services such as reviewing a settlement agreement or providing an initial legal assessment, some lawyers offer a fixed fee. This gives you certainty about the costs. Fixed fees for settlement agreement reviews typically range from €500 to €1,500 (excluding VAT). More complex services (full negotiation, court procedure) are less commonly offered at a fixed fee due to the unpredictable nature of the work.

Subscription or retainer

Some law firms offer subscription-based employment law advice, where you pay a monthly or annual fee for access to legal advice. This is more common for employers but may be available for individuals in certain situations.

VAT

Legal fees are subject to 21% VAT in the Netherlands. If you are a private individual (not acting as a business), the VAT is an additional cost. Keep this in mind when comparing quotes: some lawyers quote excluding VAT, others including VAT.

When engaging a lawyer, always request a written fee agreement that specifies the hourly rate or fixed fee, the estimated number of hours, what is and is not included, and when invoices will be sent. A transparent fee arrangement prevents misunderstandings.

Legal aid (gesubsidieerde rechtsbijstand)

The Netherlands has a system of government-subsidised legal aid (gesubsidieerde rechtsbijstand) for persons who cannot afford a lawyer. This system is administered by the Legal Aid Board (Raad voor Rechtsbijstand).

Eligibility

To qualify for subsidised legal aid, your income and assets must be below certain thresholds. The Legal Aid Board uses the taxable income from two years prior (as registered with the Tax Authority). As a rough guide, single persons with a taxable income below approximately €30,000 and couples below approximately €42,400 may qualify, though these thresholds are subject to annual adjustments. Your savings and other assets also play a role.

The process

If you believe you qualify, you can contact the Juridisch Loket (Legal Counter) for free initial advice and a referral to a legal aid lawyer. Alternatively, you can contact a legal aid lawyer directly, who will apply for a "toevoeging" (legal aid assignment) on your behalf. The Legal Aid Board decides on the application. If approved, you pay only a personal contribution (eigen bijdrage), which ranges from approximately €100 to €900 depending on your income. The remaining costs are covered by the government.

Quality of legal aid lawyers

Legal aid lawyers are fully qualified and registered with the Dutch Bar Association. Many legal aid lawyers are experienced specialists in employment law. The quality of legal aid does not inherently differ from privately funded legal advice. However, legal aid lawyers handle high volumes and may have less time per case than privately funded lawyers. It is worth asking about the lawyer's caseload and availability.

Free choice of lawyer

Under EU law (following the Sneller and Massar rulings), you have the right to choose your own lawyer when a court or formal administrative procedure is involved, even if you have legal expenses insurance. This means your insurer must reimburse the costs of the lawyer of your choice (up to a reasonable amount), rather than requiring you to use their in-house legal team.

Employer paying your legal costs

One of the most important practical considerations for employees is that the employer often contributes to or fully covers the legal costs. This is particularly relevant in settlement agreement situations.

Legal costs contribution in settlement agreements

It is standard practice in the Netherlands for the employer to include a legal costs contribution (vergoeding juridische kosten) in the settlement agreement. The typical amount ranges from €500 to €1,500 excluding VAT, though larger amounts are possible in complex cases or with larger employers. This contribution is intended to cover the cost of having your settlement agreement reviewed and negotiated by a lawyer.

Why employers pay

From the employer's perspective, paying for the employee's legal advice provides legal certainty. If you have been properly advised, you are less likely to challenge the agreement later or invoke the cooling-off period. This certainty is valuable to the employer and is therefore in their interest to facilitate.

Negotiating the contribution

If the settlement agreement does not include a legal costs contribution, or if the amount offered is insufficient to cover the actual costs of legal advice, your lawyer can negotiate an increase. This is a standard negotiation point and is rarely controversial.

When the employer does not pay

Outside of settlement agreement situations (for example, in a court procedure or a general workplace dispute), the employer does not automatically pay your legal costs. However, in court proceedings, the losing party may be ordered to pay a contribution to the winning party's legal costs (the so-called "proceskostenveroordeling"), though this typically covers only a fraction of the actual costs.

Specialisations within employment law

Employment law covers a broad range of topics. Some employment lawyers specialise further within the field. Understanding these specialisations can help you find the best lawyer for your specific situation.

Dismissal and settlement agreements

This is the most common specialisation and the one most relevant to employees facing termination. These lawyers focus on reviewing and negotiating settlement agreements, defending against dismissal, and claiming dismissal compensation. They are well-versed in the various dismissal procedures and severance pay calculations.

Collective employment law

Collective employment law involves the relationship between employers and employee representatives (works councils, trade unions). Lawyers in this area deal with collective labour agreements (CAOs), social plans, reorganisations, and works council disputes. If your employer is reorganising and a social plan is being negotiated, a collective employment law specialist may be particularly helpful.

Senior executive (statutory director) dismissal

The dismissal of statutory directors (statutair bestuurder) of companies follows different rules than the dismissal of regular employees. The general shareholders' meeting can dismiss a statutory director with immediate effect (as a matter of corporate law), while the employment law consequences are separately assessed. Lawyers specialising in this area understand both corporate law and employment law aspects.

Expat employment law

If you are an international employee working in the Netherlands, your situation may involve additional complexities such as the 30% ruling, international private law (which country's law applies), immigration consequences of dismissal, and cross-border social security. Some employment lawyers specialise in advising expats and international employees.

Social security law

The intersection of employment law and social security law is important when dealing with unemployment benefits, sickness benefits, and disability benefits. Some employment lawyers have additional expertise in social security law, which can be valuable if your case involves benefit entitlements.

What to expect when working with an employment lawyer

If you have not worked with a lawyer before, knowing what to expect can reduce uncertainty and help you get the most from the relationship.

Initial consultation

The first meeting (in person, by phone, or by video call) typically involves discussing your situation, reviewing key documents, and receiving an initial legal assessment. Some lawyers offer a free or reduced-fee initial consultation. During this meeting, you should ask about the lawyer's experience, fee structure, and availability. The lawyer will explain your options and recommend a course of action.

Document collection

The lawyer will ask you to provide relevant documents, such as your employment contract, collective labour agreement, payslips, correspondence with your employer, the settlement agreement (if applicable), and any other relevant communications. Providing these documents promptly helps the lawyer work efficiently.

Legal assessment and advice

After reviewing the documents, the lawyer provides a detailed legal assessment. This typically includes an analysis of your legal position, a calculation of your entitlements (severance pay, outstanding holiday pay, etc.), an assessment of risks and opportunities, and advice on the recommended course of action.

Negotiation phase

If the lawyer negotiates with your employer, they will keep you informed of progress and consult you on key decisions. The lawyer acts on your instructions: they negotiate within the parameters you set. It is important to be clear about your priorities and boundaries at the outset.

Resolution

The engagement concludes when a resolution is reached — whether through a negotiated settlement agreement, a court ruling, or another outcome. The lawyer explains the final result, ensures all documents are properly executed, and advises on any remaining steps (such as registering for unemployment benefits).

OntslagLegal: employment law services for employees

At OntslagLegal, our lawyers specialise exclusively in employment law for employees. We understand the challenges you face when dealing with dismissal, settlement agreements, and workplace disputes, and we provide clear, practical, and effective legal advice.

Free settlement agreement check

Our core service is the free settlement agreement check. Upload your agreement, and our lawyers review it thoroughly — checking all clauses, verifying calculations, and assessing your negotiating position. You receive a detailed assessment with actionable advice, typically within one business day on working days.

Negotiation and representation

If your settlement agreement needs improvement, our lawyers negotiate directly with your employer. We handle the communication, advocate for better terms, and work towards an outcome that properly reflects your legal position and personal circumstances.

Accessible and transparent

We believe in clear communication, transparent costs, and accessible service. Our lawyers explain legal concepts in plain language, keep you informed at every step, and ensure you understand the implications of every decision.

Frequently asked questions about employment lawyers

Do I need an employment lawyer for a settlement agreement?

While not legally required, it is strongly recommended. Settlement agreements are complex legal documents that affect your financial situation, benefit rights, and career options. A lawyer identifies risks and opportunities you would likely miss, and can often negotiate significantly better terms. In most cases, the employer contributes to your legal costs, making the advice affordable.

How much does an employment lawyer cost in the Netherlands?

Employment lawyers typically charge €150 to €350+ per hour excluding VAT. For a settlement agreement review, expect €500 to €1,500 in total. In settlement agreement situations, the employer usually contributes to these costs. If your income is low, you may qualify for government-subsidised legal aid. At OntslagLegal, the initial settlement agreement check is free.

Can my employer force me to use their lawyer?

No. You always have the right to choose your own independent lawyer. An independent lawyer works in your interest, not the employer's. Never accept legal advice from a lawyer who is paid by or otherwise connected to your employer without obtaining independent advice as well.

What is the difference between an advocaat and a jurist?

An advocaat (lawyer/attorney) is admitted to the Dutch Bar Association, subject to professional rules (including confidentiality and independence), and can represent you in all courts. A jurist (legal adviser) has a law degree but is not admitted to the bar and may not use the title "advocaat." For court proceedings and complex matters, engaging a registered advocaat provides additional protections.

How do I find a good employment lawyer?

Look for a lawyer who specialises in employment law, has experience with your type of case, works primarily for employees (not employers), communicates clearly about costs, and is responsive. Personal recommendations, online reviews, and initial consultations can help you assess the fit. At OntslagLegal, our lawyers specialise exclusively in employment law for employees.