Legal Advice on Employment Law in the Netherlands

Employment law disputes can have a major impact on your income, career, and personal life. Whether you are facing dismissal, have received a settlement agreement, or have a conflict with your employer, professional legal advice can make the difference between an unfavourable outcome and one that protects your rights and interests. In this guide you will learn when to seek legal advice, what an employment law specialist can do for you, how costs work, and how to find the right lawyer for your situation.

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When to seek legal advice on employment law

Many employees wait too long before seeking legal advice, often because they underestimate the complexity of their situation or hope that the problem will resolve itself. In practice, early legal advice almost always leads to better outcomes. Here are the key situations in which you should consider consulting an employment lawyer.

You have received a settlement agreement

A settlement agreement (vaststellingsovereenkomst) is a legal document that ends your employment. It contains provisions on compensation, notice periods, non-compete clauses, final discharge, and more. The consequences of signing are significant and largely irreversible after the 14-day cooling-off period. Having the agreement reviewed before signing is essential to ensure your rights are protected and the terms are fair.

You are facing dismissal

If your employer has indicated that they want to terminate your employment — whether through a formal dismissal procedure, a UWV application, or a court procedure — you need to understand your rights and options. An employment lawyer can advise you on the strength of the employer's case, your right to severance pay, and the best strategy for your situation.

You have been summarily dismissed

Summary dismissal (ontslag op staande voet) is the most drastic form of dismissal. It takes effect immediately, without notice or severance pay. If you believe the summary dismissal is unjustified, you must act quickly: you have only two months to challenge it in court. Immediate legal advice is critical.

You have a conflict with your employer

Workplace conflicts can escalate quickly. Whether it involves a dispute about performance assessments, a demotion, a change in working conditions, harassment, or discrimination, legal advice can help you understand your position and take appropriate action before the situation deteriorates further.

Your employer is changing your terms of employment

Your employer may attempt to change your salary, working hours, job duties, or other terms of employment unilaterally. Whether they can do so depends on the specific circumstances, the terms of your contract, and applicable case law. An employment lawyer can advise you on whether the proposed change is legally permissible and how to respond.

You are ill and facing dismissal-related issues

If you are on sick leave and your employer is pushing for termination of your employment, extra caution is needed. Dismissal bans apply during illness (with exceptions), and signing a settlement agreement during sick leave carries significant risks for your benefit entitlements. Legal advice in this situation is particularly important.

Rule of thumb

If you are unsure whether you need legal advice, you probably do. Employment law situations tend to be more complex than they appear, and the consequences of making the wrong decision can last for years. A brief initial consultation is usually enough to determine whether professional help is needed.

What an employment lawyer does for you

An employment lawyer provides specialised legal assistance in matters related to your employment. Here is a detailed overview of the services an employment lawyer typically provides.

Review and assessment

The lawyer reviews your employment contract, settlement agreement, or other relevant documents and assesses your legal position. This includes identifying risks, checking calculations (such as dismissal compensation), and evaluating whether the terms are fair and legally correct. For settlement agreements, this involves checking whether the agreement meets the conditions for unemployment benefits eligibility.

Legal advice and strategy

Based on the assessment, the lawyer advises you on your options and recommends a course of action. This may include advice on whether to accept or reject a settlement agreement, how to respond to a dismissal, or what steps to take in a workplace conflict. The lawyer explains the legal framework, relevant case law, and the likely outcomes of different strategies.

Negotiation

The lawyer negotiates with your employer (or their lawyer) on your behalf. This can involve negotiating the terms of a settlement agreement, the amount of dismissal compensation, the lifting of restrictive clauses, or the conditions of a departure. Experienced employment lawyers know what is achievable in different situations and can often secure significantly better terms than employees achieve on their own.

Court proceedings

If negotiation fails or if a court procedure is necessary (for example, to challenge a dismissal, claim equitable compensation, or enforce your rights), the lawyer represents you in court. In subdistrict court employment cases, representation by a lawyer is not mandatory but is strongly recommended given the complexity of employment law.

Mediation support

In some cases, mediation is appropriate to resolve a workplace conflict. The lawyer can advise you during the mediation process and ensure that any agreement reached is legally sound.

Costs of legal advice

Understanding the costs of legal advice is important for making an informed decision. Employment lawyers in the Netherlands typically charge in one of the following ways.

Hourly rate

Most employment lawyers charge an hourly rate, which typically ranges from €150 to €350 or more per hour (excluding VAT), depending on the lawyer's experience, location, and reputation. For a straightforward settlement agreement review, you can expect 2 to 5 hours of work. For negotiation or court proceedings, the number of hours increases significantly.

Fixed fee

Some lawyers offer a fixed fee for specific services, such as reviewing a settlement agreement. This gives you certainty about the costs upfront. Fixed fees for a settlement agreement review typically range from €500 to €1,500 (excluding VAT), depending on the complexity.

No cure, no pay

A "no cure, no pay" arrangement is not common in the Netherlands and is subject to restrictions under the Dutch Bar Association rules. However, some lawyers offer partial results-based arrangements. Always clarify the fee structure at the outset.

Legal expenses insurance

If you have legal expenses insurance (rechtsbijstandsverzekering), check whether employment law disputes are covered under your policy. Many policies cover employment law, but there may be waiting periods, exclusions, or caps. Under the free choice of lawyer rule (following EU case law), you have the right to choose your own lawyer if a court or administrative procedure is involved, even if you have legal expenses insurance. The insurance company must cover the costs up to a reasonable amount.

Cost-effective approach

In most cases, the costs of legal advice are recovered through the improvements the lawyer achieves: a higher compensation, better terms in the settlement agreement, or the employer's contribution to your legal costs. Research consistently shows that employees who seek professional legal advice receive better outcomes than those who negotiate alone.

Employer contribution to legal costs

A practical point that many employees are not aware of: in settlement agreement situations, the employer almost always provides a contribution towards the employee's legal costs. This is not a statutory obligation, but it is standard practice in the Netherlands.

The employer's legal costs contribution typically ranges from €500 to €1,500 (excluding VAT), though higher amounts are possible depending on the complexity of the case and the employer's size. The contribution is usually stated in the settlement agreement itself.

There are several reasons why employers provide this contribution:

  • Legal certainty: the employer has an interest in ensuring that the employee received proper legal advice, because this reduces the risk that the employee will later challenge the agreement on the grounds that they did not understand its consequences.
  • Standard practice: it is expected in the Dutch employment law landscape. An employer who refuses to contribute to legal costs sends a negative signal.
  • Cooling-off period: if the employee has been properly advised, they are less likely to invoke the 14-day cooling-off period to dissolve the agreement.

If the employer's initial offer does not include a legal costs contribution, or if the amount is insufficient, this is a negotiable point. Your lawyer can request a reasonable contribution as part of the overall negotiation.

If your income and assets are below certain thresholds, you may be eligible for government-subsidised legal aid (gesubsidieerde rechtsbijstand) through the Legal Aid Board (Raad voor Rechtsbijstand). This system ensures access to legal assistance regardless of financial situation.

Who qualifies?

Eligibility is based on your taxable income and assets from two years prior. The thresholds are adjusted annually. As a general indication, you may qualify if your annual income is below approximately €30,000 (for single persons) or €42,400 (for couples/families). These figures are indicative and subject to change.

How does it work?

If you qualify, the Legal Aid Board issues a "toevoeging" (assignment), which means the government subsidises the lawyer's fees. You still pay a personal contribution (eigen bijdrage), which depends on your income level and ranges from approximately €100 to €900. The lawyer's remaining fees are paid by the government.

Finding a legal aid lawyer

Not all employment lawyers accept legal aid cases. You can find legal aid lawyers through the Legal Aid Board's website (rvr.org) or through the Juridisch Loket (Legal Counter), which provides free initial legal advice and can refer you to a subsidised lawyer if needed.

Please note

If you receive a substantial severance payment through a settlement agreement, this may affect your eligibility for legal aid, as the payment increases your assets. Discuss this with the Legal Aid Board or your lawyer before accepting compensation. In practice, many employees in settlement agreement situations do not use legal aid because the employer's legal costs contribution covers the advice.

Free settlement agreement check at OntslagLegal

At OntslagLegal, we offer a free review of your settlement agreement. This service is specifically designed for employees who have received a settlement agreement from their employer and want to know whether the terms are fair and legally correct.

What the free check includes

  • A complete review of all clauses in your settlement agreement.
  • Verification of the severance pay calculation and assessment of whether the compensation is reasonable.
  • Check whether the agreement meets the conditions for unemployment benefits eligibility.
  • Identification of risks, missing clauses, or unfavourable terms.
  • Assessment of your negotiating position and advice on points for improvement.
  • Clear, personal advice from an experienced employment lawyer.

How it works

Simply upload your settlement agreement through our secure form. Our lawyers review the document and provide you with a detailed assessment, typically within one business day on working days. There are no obligations attached to the free check.

Advantages of seeking legal advice early

Timing matters significantly in employment law. Seeking legal advice at the right moment can dramatically improve your outcome. Here are the key advantages of early consultation.

More options, better outcomes

The earlier you seek advice, the more options you have. Once you have signed a settlement agreement (and the cooling-off period has passed), your options are extremely limited. Before signing, you can negotiate, make a counter-proposal, or walk away. Before a dismissal procedure begins, you may be able to steer the situation in a different direction entirely.

Avoiding irreversible mistakes

Many employment law situations involve strict deadlines and irreversible decisions. Signing a settlement agreement, missing the deadline to challenge a dismissal, or making statements that harm your position — these are mistakes that cannot always be undone. A lawyer helps you avoid them.

Stronger negotiating position

When your employer knows that you have legal representation, the dynamics of the negotiation change. Employers and their lawyers take represented employees more seriously, and the risk of pressure tactics or lowball offers decreases. Research and practical experience consistently show that represented employees achieve better financial outcomes.

Emotional distance

Dismissal and workplace conflicts are emotionally charged situations. A lawyer provides objective analysis and prevents you from making decisions based on emotion, frustration, or pressure. This professional distance is invaluable during what is often one of the most stressful periods of your career.

Preserving evidence

A lawyer can advise you on what evidence to preserve and how to document the situation. Emails, performance reviews, meeting notes, and other documents may be crucial if the case escalates. Once you leave the workplace, access to this evidence is often lost.

The earlier, the better

Do not wait until you have signed the agreement or until deadlines have passed. Contact a lawyer as soon as you become aware of a potential dismissal, receive a settlement agreement, or face a workplace conflict. The initial consultation is often brief and can save you significant financial and emotional costs down the line.

What to look for in an employment lawyer

Not all lawyers are equally suited for your situation. Here are the factors to consider when choosing an employment lawyer.

Specialisation in employment law

Employment law (arbeidsrecht) is a specialised field. Choose a lawyer who focuses specifically on employment law rather than a generalist who handles all types of legal cases. Specialists are more familiar with current case law, common practices, and effective negotiation strategies in employment matters.

Experience with your type of case

Ask whether the lawyer has experience with situations similar to yours. A lawyer experienced in settlement agreement negotiations may not be the best choice for a complex court procedure, and vice versa. The right experience ensures the lawyer can accurately assess your situation and predict outcomes.

Employee-side practice

Some employment lawyers primarily represent employers, while others focus on employees. Choose a lawyer who regularly represents employees, as they will be more attuned to your perspective, rights, and negotiating position. At OntslagLegal, our lawyers work exclusively for employees.

Clear communication about costs

A good lawyer is transparent about costs from the start. They should explain their fee structure (hourly rate, fixed fee, or other arrangement), provide an estimate of the expected costs, and inform you about the possibility of an employer's legal costs contribution or legal aid.

Responsiveness and accessibility

Employment law situations often require quick action. Choose a lawyer who responds promptly and is accessible when you need them. The quality of communication during the initial contact is often a good indicator of how the lawyer will handle your case.

Frequently asked questions about legal advice on employment law

When should I seek legal advice about my employment?

As soon as you face a potential dismissal, receive a settlement agreement, or have a significant conflict with your employer. The earlier you seek advice, the more options you have. Do not wait until you have already signed a document or until deadlines have passed.

How much does legal advice on employment law cost?

Hourly rates for employment lawyers typically range from €150 to €350+ per hour. For a settlement agreement review, expect 2 to 5 hours of work. Many settlement agreements include an employer contribution to legal costs of €500 to €1,500. At OntslagLegal, the initial settlement agreement check is free.

Does my employer pay for my legal advice?

In settlement agreement situations, it is standard practice for the employer to contribute to the employee's legal costs. This contribution is not legally required but is almost always included in or negotiable as part of the settlement agreement. The typical contribution ranges from €500 to €1,500 excluding VAT.

Can I get free legal advice on employment law?

Yes. At OntslagLegal you can have your settlement agreement checked for free. Additionally, the Juridisch Loket (Legal Counter) offers free initial legal advice. If your income is below certain thresholds, you may qualify for government-subsidised legal aid through the Legal Aid Board.

Do I need a lawyer for a settlement agreement?

You are not legally required to have a lawyer review your settlement agreement, but it is strongly recommended. A settlement agreement is a legally binding document with significant financial consequences. Issues that are obvious to an experienced lawyer — such as an incorrect notice period, a missing clause, or an unfair compensation — are easily overlooked by non-lawyers.

What if I cannot afford a lawyer?

Several options exist: (1) use the free settlement agreement check at OntslagLegal, (2) apply for government-subsidised legal aid through the Legal Aid Board if your income qualifies, (3) check your legal expenses insurance policy, or (4) negotiate an employer's legal costs contribution as part of your settlement agreement. In practice, most employees in settlement agreement situations pay little or nothing out of pocket for legal advice.

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