In principle, the landlord is responsible for maintaining a rental property, but there is a distinction between major and minor maintenance.
Landlord responsibilities for major maintenance
Landlords are responsible for major maintenance, which includes significant repairs like exterior painting or replacing a central heating boiler, as outlined in Article 7:217 of the Dutch Civil Code (DCC).
Major maintenance and rent reduction
Landlords must address defects in the property, either on their own or at the tenant’s request. A defect is any limitation in the property’s use not caused by the tenant. If a defect affects the tenant’s enjoyment of the property and is not repaired, the tenant may claim a rent reduction from the date of notification until the issue is resolved.
Tenant responsibilities for minor repairs
Tenants are responsible for minor repairs, such as replacing lightbulbs or fixing taps. The tenant is liable for these repairs unless they result from the landlord’s failure to maintain the property.
Deviating agreements
While parties can, in principle, agree on different maintenance arrangements, Article 7:242 of the DCC stipulates that tenants may not be disadvantaged by these agreements, particularly in the case of residential leases. Except when it concerns repairs to the property that have been carried out by the tenant themselves.
For example, if a tenant installs flooring, they are responsible for its maintenance.
Conclusion
In summary, landlords are generally responsible for major maintenance, while tenants handle minor repairs. And in some circumstances, it is even possible for a tenant to claim a rent reduction in the case of unresolved major defects.
More information
Do you have questions about the division of maintenance responsibilities between landlords and tenants? Please feel free to contact GMW lawyers in The Hague. We can work it out!
Internationals in The Netherlands may wonder about their rights when it comes to taking a holiday while on sick leave. This article clarifies the legal rules, the role of the company doctor, and what could happen if an employee goes on holiday without permission.
Following a Dutch Supreme Court ruling it was established that employees who are fully unfit for work do not need to use their holiday entitlement to take a break. However, do they still need to seek permission from their employer?
Permission
According to Article 7:638 of the Dutch Civil Code, employees must request permission for holiday leave, even when sick. If the employer does not respond in writing within two weeks, the holiday is automatically approved. Employers usually have limited grounds to refuse a sick employee’s request, especially if the employee is fully unfit for work.
Role of the company doctor
Employers can consult the company doctor to determine if a holiday could hinder recovery. If the doctor believes that a holiday could aid recovery, they may provide a recommendation to the employer.
What if the employer refuses?
If an employer denies a holiday request without a valid reason, the employee may need to consider legal action to enforce their right. It’s not advisable to take a holiday without permission, as it can lead to disciplinary action, such as a written warning or salary suspension. Dismissal is less likely unless other serious issues are present.
Communication is key
Open communication with your employer is essential. Document your requests in writing to avoid misunderstandings. If you choose to go on holiday (without permission), inform your employer of your plans and dates to avoid violating the Dutch Civil Code.
Conclusion
Even if fully unfit for work, employees must seek permission to go on holiday. In most cases, employers will not have a reasonable basis to refuse.
More information
Are you facing challenges with your employer or employee? Please do not hesitate to contact GMW Lawyers. We can work it out!
This is a sponsored post, text and image provided by GMW Laywers.
In the first half of 2025, the Netherlands saw a noticeable rise in collective layoffs across different industries. During the first quarter, 82 companies announced plans to cut 20 or more jobs. This is a big increase compared to the 59 companies that made similar announcements in the same period last year. In total, more than 4,700 workers are expected to lose their jobs- an increase of almost 5% from the previous year.[1]
Most of these planned redundancies are coming from the industrial and business services sectors. Companies in these areas are focusing on restructuring and cutting costs, leading to the larger number of layoffs.
This wave of job cuts has raised concerns about job security, severance pay, and employees’ rights. As major companies move forward with these plans, there are growing questions about the impact on the Dutch job market and how well affected workers will be able to recover.
The emotional toll of job loss
Losing a job is more than just the loss of income; it’s a disruption to one’s life, family, and future. The impact is even more profound for expats who moved to the Netherlands for promising career opportunities, only to face sudden unemployment. Many expats build their entire lives around their jobs, making the loss particularly unsettling. Navigating this unexpected change can be both emotionally and practically challenging, especially in a foreign country with different employment laws and regulations.
Understanding collective redundancies in the Netherlands
Under Dutch employment law, collective redundancy is defined as the dismissal of at least 20 employees within a three-month period in the same working area.
Employers planning such layoffs are legally obligated to follow strict guidelines, including notifying and obtaining permission from the Employee Insurance Agency (UWV), consulting with trade unions, and informing the works council if one exists. Additionally, Dutch law mandates that employers adhere to statutory waiting periods before proceeding with dismissals. Non-compliance with these obligations can lead to legal challenges, potential reinstatement of employees, or financial penalties for the company.
These regulations are intended to protect employees’ rights and promote transparency throughout the redundancy process.
For employers, executing a collective redundancy is not only labour-intensive but also carries the risk of the UWV rejecting the termination requests if procedural mistakes are made or if the justification is deemed insufficient.
As a result, many companies attempt to avoid this route altogether.
Negotiating a fair exit
Rather than following the complex UWV procedure, many employers opt to negotiate severance agreements directly with affected employees. This method, known as a Settlement Agreement (in Dutch: Vaststellingsovereenkomst), allows both parties to mutually agree on the terms of the termination, including financial compensation, notice periods, and potential outplacement services.
Often, this negotiated route results in better financial terms for the employee, as companies are motivated to reach a mutual agreement quickly and avoid lengthy legal processes. However, understanding your rights, negotiating fair terms, and planning your next steps can feel daunting; especially when faced with legal jargon in a foreign language.
Getting the right support
Navigating a layoff process can be challenging without the right support. The good news is you don’t have to navigate this process alone. Professional assistance is often available and sometimes even covered by the employer. This can include e.g. the costs of employment law mediators and lawyers, who help clarify your options, negotiate on your behalf, and secure a fair settlement.
For expats, finding the right legal support that speaks your language and understands the nuances of Dutch employment law can be particularly difficult. Recognizing this gap, Sabine Imdahl, a Dutch-qualified mediator and lawyer (since 2013) founded Counselr.nl. Counselr connects expats with experienced, multilingual legal professionals across a broad spectrum of legal areas, including employment law, who can advocate for your rights and provide the clarity you need.
Divorce proceedings can be an emotional, confusing and challenging process. For expats, it is often even more complicated. There is more uncertainty. Can you file for divorce in the Netherlands? Which law will apply? Where do you start? What are the options and possibilities? And what are the potential impacts on finances, living arrangements, residence status and future emigration?
In this article we will give you some general information about a divorce procedure in the Netherlands, so you’ll know where to start.
Can you file for divorce in the Netherlands?
If you want to get divorced in the Netherlands, it must first be clear whether the Dutch court can rule on the matter. Simply put, there must be a connection to the Netherlands for the court to have jurisdiction. This connection can be that you and/or your partner have Dutch nationality or live in the Netherlands. Having previously lived in the Netherlands or only having married in the Netherlands without any further connections is not enough for the court to make a decision.
What do you need for divorce?
The legal basis to get a divorce in the Netherlands is an “irretrievable disruption of the marriage”. In short, this means that in the Netherlands there are no conditions to apply for divorce. For example, there is no waiting period before you can get divorced. Even if you apply for divorce but your partner does not want to divorce, the court in the Netherlands will always pronounce the divorce.
Which law does apply?
Just because Dutch law governs the divorce itself, it doesn’t mean that it applies to every aspect of the divorce. While Dutch law may be relevant for the divorce proceedings, the law of a different state might apply to issues like maintenance or the division of marital assets. Being able to divorce in the Netherlands simply means that Dutch courts have the authority to handle your case—not that all elements will be subject to Dutch law. A lawyer can assist you in figuring out which laws are applicable and explain the implications for your situation.
What are the ways to move forward?
Once it is clear that you can get divorced in the Netherlands, there are three ways to file for divorce: through joint divorce or unilateral divorce, with or without agreements.
Joint divorce
The first way is a joint divorce. This means that you will have one lawyer or mediator. This person will help you reach an agreement together. The agreements about the children are recorded in a parenting plan, and the financial matters are recorded in a divorce agreement. These documents are sent to the court. The entire process is conducted in writing and there is no court hearing. As soon as the signed papers are with the court, the divorce can be quickly finalized.
Your own lawyer: agreements
If the first method does not work or you want to do things differently, you can both hire your own lawyer. The goal is still to make agreements together, which are recorded in a parenting plan and a divorce agreement. You can make written proposals and/or plan a four-way meeting. A four-way meeting is a meeting between both lawyers and you to make arrangements. This procedure is also done in writing, without a court hearing. If everything is settled and goes to court, the divorce can also be quickly granted here.
Your own laywer: going to court
If you are unable to reach an agreement or if you cannot agree on certain matters, the third option is to ask the court to make a decision. Both partners will then have their own lawyer. You can submit your requests and points of view to the court through your lawyer. The court will make a decision after the hearing.
Find an expert fitting your needs
Once the decision for divorce has been made, a lot happens. There are many things to arrange and think about. Therefore, find an expert (lawyer or mediator) who suits you and who can help you in English. Divorce is a difficult process. It is incredibly helpful to have an expert you can fall back on.
Do you have questions about divorce or about your personal family situation? Please do not hesitate to contact GMW Lawyers. We can work it out!
The holidays are upon us again. In this article, we discuss the difference between official holidays and obligatory days off, so you know what to expect.
Official holidays
In the Netherlands, the following days are considered official holidays: New Year’s Day, Easter (Easter Sunday and Easter Monday), King’s Day, Liberation Day (once every five years), Ascension Day and the first and second day of Christmas. You are not automatically free on these days. Whether this is the case depends on the arrangements in your employment contract or collective bargaining agreement (CAO). If an official holiday is indeed a vacation day for you, this day will not be deducted from your accrued vacation days.
If you have not agreed with your employer that you have time off on an official holiday, but you would like to be, you must file a vacation request with your employer (in writing). Your employer has two weeks to respond to this request. Your vacation request must in principle be accepted. It may only be refused if there are important reasons to do so. For example, if Christmas is the busiest period for your employer and you request leave on Christmas Day, your employer may refuse the request because your absence would seriously disrupt business operations. Your employer must explain the reason for denying your request.
Obligatory days off
Employers may appoint days on which an employee is required to take time off, on days not designated as official holidays. It is common for employers to give employees time off between Christmas and New Year’s Day. For example, because the company is closed during this period. Such a mandatory day off is deducted from the employee’s number of vacation days. The mandatory days off must be included in the employment contract or collective bargaining agreement.
Do you have questions about the agreements in your employment contract? If so, please do not hesitate to contact GMW Lawyers. We can work it out!
The holiday season is approaching again. Employees may want to take a few days off for this occasion, or there may be questions about whether a Christmas package from the employer is to be expected this year. What labor law regulations apply during the holidays? You can read about it in this blog.
Requesting Time Off During the Holidays
Many employees will want to take a few days off around the holidays. If work is still required during this period and the company does not close for an extended time, an employee can submit a leave request to enjoy some time off. Leave requests are usually approved according to the employee’s wishes. An employer can only deny a leave request if there is a valid reason, such as insufficient staff or significant disruption to operations. It is important for the employer to inform the employee within two weeks after the request whether the leave has been approved or denied. If the employer fails to do so, the leave request is automatically approved according to the employee’s wishes, provided there is sufficient leave balance.
Holiday Pay?
If you do not request time off and must work on the holiday itself, the question arises whether you will be compensated for this. The law does not stipulate compensation for employees who must work during the holidays. Therefore, a bonus for working on Christmas Day is not mandatory. However, many collective labor agreements (CAOs) include provisions for bonuses or compensation for working on a holiday. This may also be specified in an employment contract or handbook. It is important to check the employment contract, handbook, and any applicable CAO for this information.
Christmas Package?
Additionally, many employers give their employees a Christmas package around the holidays as a thank you for their services over the past year. Sometimes an employer has given this package for many years but decides not to provide one this year. Is this allowed? Can employees claim a right to it? According to case law, giving a Christmas package to employees is considered a discretionary gesture from the employer, and employees cannot derive any rights from it.[1] A Christmas package is more akin to a gift, making it unlikely for a right to be established.
In Conclusion
Taking time off during the holidays or receiving holiday pay is not a given. The same applies to receiving a Christmas package from your employer.
If you have any questions about your rights and obligations during the holidays or any other labor law inquiries, feel free to contact GMW lawyers. GMW lawyers wishes you happy holidays and a good 2025!
Photo Credit: Shutterstock, provided by GMW
[1] Rechtbank Midden-Nederland, 1 February 2024, ECLI:NL:RBMNE:2024:1783.
