29 Jan 2025 Employment law 2025: key developments

Various changes in employment law are once again on the (government) agenda for 2025. SPEE advocaten & mediation presents an overview of the most significant legislative proposals and their potential impact.

1. Improving security for flexible workers

This legislative proposal aims to enhance security for employees while providing greater flexibility for employers:

  • Abolition of zero-hour contracts and minimum/maximum hour contracts.
  • Replacement of on-call contracts with basic contracts guaranteeing a minimum number of hours.
  • Agency workers will obtain permanent contracts more quickly (phases A and B will be shortened).
  • After three consecutive fixed-term contracts, a new contract may only be offered after a five-year interval.
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2. Clarifying employment relationships and legal presumptions

This proposal seeks to clarify the distinction between employees and self-employed persons (freelancers):.

  • The 'employed by' criterion (Article 7:610 of the Dutch Civil Code) will be tightened.
  • Work performed for a fee lower than €32.24 per hour will be presumed to be an employment relationship unless proven otherwise.
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3. Modernising non-compete clauses

The rules surrounding non-compete clauses will become stricter:.

  • A maximum duration of one year.
  • Mandatory geographic limitations and justification of the employer’s legitimate business interest.
  • Employers must compensate employees for 50% of their last earned salary for the duration the clause is enforced.
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4. Changes to reintegration obligations in the second year of illness

Small and medium-sized employers will be granted more flexibility in the second year of an employee’s illness, under certain conditions:.

  • The option to conclude reintegration within the employer’s business after the first year.
  • A new dismissal ground (j-ground) for cases where reintegration in the first track is concluded.
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5. Simplification of leave regulations

Efforts are underway to simplify the leave system by clustering leave arrangements into the following categories:.

  • Care for children.
  • Informal care.
  • Personal leave.
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6. Introduction of bereavement leave

Employees in families with minor children will be entitled to a minimum of five days of paid bereavement leave in the event of the death of a partner or child.

7. New licensing system for employment agencies

The government is introducing stricter requirements for employment agencies, including:.

  • A mandatory deposit of €100,000.
  • Compliance with wage and tax payment rules.
  • Supervision and periodic inspections by authorities.
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Conclusion

Many of these legislative proposals are expected to be submitted for consideration in 2025, with most aiming for implementation by 1 January 2026. If you have any questions regarding these developments or the current state of employment law, feel free to contact the experienced employment lawyers at SPEE advocaten & mediation. We are ready to provide expert advice.

SPEE advocaten & mediation Maastricht