Employment know how update

Travel allowance

As of 1 January 2023, employers could reimburse employees 21 cents per kilometre tax-free, instead of 19 cents. In 2024 this will even increase to 23 cents per kilometre.

Increase statutory minimum wage as of 1 July 2022

As of 1 July 2022, the statutory minimum wage will increase to €1,756.20 gross per month, €405.30 gross per week, and €81.61 gross per day. This is an increase of 1.81% per month. 

Recent case law

The Court of Justice of the European Union 12 May 2022, ECLI:EU:C:2022:373

The Court of Justice of the European Union ruled that temporary agency workers have a right to payment of unused holidays, because this falls within the scope of the equal treatment standard following from the Employment Agency Work Directive. Temporary agency workers are therefore, just like normal employees, entitled to payment for the unused holidays by the temporary employment agency at the end of their employment.

Amsterdam Court of Appeal 5 April 2022, ECLI:NL:GHAMS:2022:1060

The Amsterdam Court of Appeal ruled that an employee was not entitled to compensation for overtime, because the duty to complain (Article 6:89 of the Dutch Civil Code) applied and the employee did not complain when he saw/could have seen on his pay slips that overtime was not paid out. In this case the applicable collective labor agreement also contained a provision that overtime is compensated in time and only if this is not possible overtime will be paid out.

Arnhem-Leeuwarden Court of Appeal 16 May 2022, ECLI:NL:GHARL:2022:3869

In this case the employment contract of an employee was terminated by Court’s decision, because of statements about the COVID-19 virus made by the employee on LinkedIn. These statements were not in line with the advices of the Dutch government nor the policy of the employer. Nevertheless the employee received the statutory transition compensation.

If you have any further questions please do not hesitate to contact us.

Authored by the Employment Practice in Amsterdam.