Navigating Dutch labour law can be challenging, especially for HR professionals used to different systems. Over the past six years, our courses have provided HR leaders with the tools and insights needed to effectively manage employment matters within The Netherlands. From understanding the unique dismissal process to aligning company values with HR practices, these are some of the most crucial lessons we’ve learned. Here are three key takeaways that every HR professional should know when working in the Dutch legal framework.
1. Prior Approval Required for Dismissal
One of the key distinctions of the Dutch employment law system is that The Netherlands is among the few countries in the world where prior approval is required before terminating an employment contract. This applies to both permanent and fixed-term contracts, provided the termination is not mutually agreed upon. Unlike many other countries where legal disputes over dismissal arise after notice is given, in The Netherlands, the legal assessment must occur before notice is served—if permission is granted at all. For HR professionals accustomed to other legal systems, this can be a challenging adjustment. Many participants in our workshops have found it essential to rethink their approach to dismissal in light of this unique requirement.
2. Values Gap Between Theory and Practice
It’s not uncommon for there to be a disconnect between the values an organisation promotes and the HR policies it enforces, whether these are based on employment law or not. For example, while it is often legal to impose a performance improvement plan unilaterally, there is typically much untapped potential to foster employee ownership by involving them in setting the goals and methods. This makes the process more of a two-way collaboration. Without aligning actions with stated values—such as transparency, empathy, and accountability—organisational efforts to drive cultural change will have little lasting impact, especially when difficult HR issues arise.
3. It All Starts and Ends with Personal Values
While company values are important, it is your personal values that truly guide your decisions as an HR professional. Being aware of what you stand for helps you make decisions that align with the person and professional you aspire to be, especially in situations involving ‘people’ issues. This awareness also enables you to challenge policies or practices that don’t feel right. Two years ago, we introduced a reflection on personal values as part of the preparation for each workshop. This has helped participants use their own values as a reference point when navigating Dutch employment law and HR practices. For those coming from abroad, it’s vital not to lose sight of your own sense of fairness and empathy. Your unique experiences and values may be exactly what your new workplace, and The Netherlands, need to foster a more inclusive and innovative environment.