Best Employment & Labor Lawyers in Ommen

About Employment & Labor Law in Ommen, Netherlands

Employment and labor law in Ommen follows Dutch national law. Whether you are an employee or an employer in Ommen, the rules on contracts, wages, working hours, leave, dismissal, and workplace safety come from national legislation and sectoral collective labor agreements known as CAOs. Local practice in Ommen reflects the mix of small and medium sized businesses, healthcare, education, logistics, hospitality, construction, and agriculture that are common in Overijssel.

Disputes are handled by the subdistrict court judge known as the kantonrechter within the District Court of Overijssel, typically in Zwolle or Almelo. Government bodies like the Employee Insurance Agency UWV and the Netherlands Labour Authority oversee benefits and compliance. Sector CAOs can add rights and obligations on top of the law, so always check your CAO.

Why You May Need a Lawyer

You may benefit from legal advice in the following situations.

Termination and settlement agreements. Reviewing a proposed settlement agreement known as a vaststellingsovereenkomst, checking the reflection period, tax effects, reference language, and whether you keep unemployment benefit rights.

Instant dismissal. Challenging a summary dismissal for alleged misconduct is time sensitive and often requires urgent court action.

Long term illness and reintegration. Navigating sick pay, reintegration plans, and medical privacy when you or your employee is ill.

Reorganization and redundancy. Collective or economic layoffs require strict procedures, UWV involvement, and sometimes union consultation.

Discrimination, harassment, and psychosocial workload. Advising on internal complaints, investigations, and claims under equal treatment laws.

Wage, holiday, and overtime disputes. Recovering unpaid wages or allowance, clarifying rosters, and enforcing on call rights.

Non compete and relations clauses. Assessing whether a non compete in a fixed term contract is valid and how to negotiate scope or buy out.

Foreign workers and posting. Ensuring compliance with work permits, WagwEU notifications, and CAO application for agency work.

Change of terms and transfer of undertaking. Advising on changes to hours, location, or benefits, and rights during business transfers.

Works council and employee participation. Setting up or consulting a works council under the Works Councils Act and managing information and consultation rights.

Local Laws Overview

Contracts and probation. Employment can be for a fixed term or an indefinite term. Probation must be in writing. No probation is allowed for contracts shorter than 6 months. For fixed term contracts of 6 months up to 2 years the maximum probation is 1 month. For fixed term contracts of 2 years or longer and for indefinite term contracts the maximum probation is 2 months.

Chain rule for fixed term contracts. A fixed term contract converts to indefinite if you exceed 3 contracts or 3 years with breaks shorter than 6 months. CAOs can allow a shorter break in seasonal sectors, but not less than 3 months.

Minimum wage and holiday allowance. The statutory minimum wage is hourly and is updated twice a year on 1 January and 1 July. Employees also receive an annual holiday allowance of at least 8 percent of gross pay, typically paid in May or accrued monthly.

Working hours and rest. The Working Hours Act sets limits. Maximum 12 hours per shift and 60 hours in a week. On average no more than 48 hours per week over 16 weeks. Daily rest is at least 11 consecutive hours, with limited exceptions. Weekly rest is at least 36 consecutive hours in 7 days or 72 hours spread over 14 days.

On call and variable hours. On call workers must receive at least 3 paid hours per call if the number of hours is not fixed. Employers must announce shifts at least 4 days in advance or pay compensation. After 12 months, employers must offer a fixed number of hours equal to the average worked.

Holidays and leave. Statutory holiday entitlement is at least 4 times the weekly working hours per year. Statutory days expire on 1 July of the following year if not used and if the employer enabled taking them. The Work and Care Act provides pregnancy and maternity leave of at least 16 weeks, partner leave of 1 week paid by the employer and up to 5 additional weeks paid by UWV at 70 percent, and partially paid parental leave of up to 9 weeks at 70 percent within the first year.

Sickness and reintegration. Employers continue to pay at least 70 percent of wages for up to 104 weeks of illness, with at least the statutory minimum wage in the first year. Employers and employees have reintegration duties under the Gatekeeper Improvement Act. Dismissal is restricted during the first 104 weeks of illness.

Dismissal and severance. A valid ground and proper procedure are required. Economic and long term incapacity cases go through UWV. Performance, misconduct, or damaged working relationship cases go to the subdistrict court. The Balanced Labour Market Act allows a combination ground. Employees are generally entitled to a statutory transition payment known as transitievergoeding from day one of employment. Employer notice periods are 1 month up to 5 years of service, 2 months for 5 to 10 years, 3 months for 10 to 15 years, and 4 months for 15 years or more. The employee notice period is usually 1 month unless agreed otherwise in writing.

Settlement agreements and reflection period. If parties end employment by mutual agreement, employees have a 14 day reflection period to withdraw consent. If the employer does not inform the employee in writing about this right, the period is 21 days.

Equal treatment and safe work. Discrimination on grounds such as sex, age, race, disability, religion, belief, sexual orientation, and contract type is prohibited. Employers must prevent harassment and ensure a safe workplace under the Working Conditions Act. A confidential advisor and clear reporting routes are recommended.

Works councils and staff representation. Companies with 50 or more employees must have a works council. Employers with 10 to 50 employees must enable a staff representative body if employees request it.

Privacy and monitoring. GDPR and the Dutch Implementation Act apply. Employers may not process health details beyond fit or unfit to work and expected duration. Monitoring email or devices requires a lawful basis, necessity, transparency, and often consultation with the works council.

Whistleblower protection. Employers with 50 or more employees must have internal reporting procedures. The Whistleblower Protection Act strengthens protections against retaliation and sets timelines for handling reports.

Agency work and posting. Temporary agency workers are often covered by ABU or NBBU CAOs. Posting of workers from abroad requires WagwEU notifications and compliance with Dutch core employment terms.

Collective redundancy. Employers planning 20 or more redundancies within 3 months in the same UWV region must notify trade unions and UWV under the Collective Redundancy Notification Act and consult where required.

Frequently Asked Questions

What is the minimum notice period for employees and employers

Employees usually have a 1 month notice period unless the contract or CAO says otherwise in writing. Employer notice depends on service length and ranges from 1 to 4 months. During probation, either side can terminate with immediate effect.

When does a fixed term contract convert into a permanent one

After more than 3 consecutive fixed term contracts or when the total duration exceeds 3 years, with breaks shorter than 6 months. Some CAOs in seasonal sectors allow a 3 month break to reset the chain.

How much is the statutory transition payment

The transition payment is generally one third of a monthly salary per full year of service, plus a proportional part for any remaining months, payable from the first day of employment unless the employee resigns without employer breach. CAOs or contracts can provide more but not less unless specific exemptions apply.

Can my employer include a non compete clause in a fixed term contract

Only if the clause is in writing and includes a specific justification of a compelling business interest. Without such motivation, the non compete is usually invalid. Even a valid clause can be limited or set aside by a court if it is unreasonably harmful.

What are my rights when I am sick

You are entitled to at least 70 percent of your wage for up to 104 weeks, with at least the statutory minimum wage in the first year. You and your employer must cooperate with reintegration steps guided by an occupational health service. Your medical details remain confidential and may only be handled by the company doctor.

How many vacation days do I get

At least 4 times your weekly working hours per year. For example, a 40 hour per week schedule yields at least 20 statutory days. Many CAOs grant extra days. Statutory days expire on 1 July of the next year if you could reasonably take them.

Do I get paid extra for overtime

There is no general statutory overtime premium. Whether overtime is paid, compensated with time off, or included in your salary depends on your contract and CAO. Working hours limits and rest rules always apply.

What are the rules for on call workers

Employers must call you at least 4 days in advance. If they cancel within that window, you are still entitled to pay. If your hours are not fixed, you are entitled to at least 3 paid hours per call. After 12 months, your employer must offer fixed hours equal to your average hours in the past year.

How quickly must I act after a summary dismissal

Very quickly. You generally have 2 months to ask the court to annul the dismissal or award compensation. Seek legal advice immediately, because collecting evidence and attempting a settlement also takes time.

Which court handles employment disputes in Ommen

Employment disputes are handled by the subdistrict sector of the District Court of Overijssel. Hearings typically take place in Zwolle or Almelo depending on the case distribution.

Additional Resources

UWV Uitvoeringsinstituut Werknemersverzekeringen for unemployment, sickness, WIA, and partner leave benefits.

Nederlandse Arbeidsinspectie Netherlands Labour Authority for workplace safety and labor law enforcement.

Ministerie van Sociale Zaken en Werkgelegenheid SZW for national policy and guidance on work and income.

Het Juridisch Loket for free basic legal information and referrals, with regional offices in Overijssel.

Rechtbank Overijssel kantonrechter for employment court matters.

Gemeente Ommen Werk en Inkomen for local social assistance, reintegration, and employer services under the Participation Act.

FNV, CNV, and De Unie for trade union advice and CAO information.

VNO NCW and MKB Nederland for employer guidance and advocacy.

Huis voor Klokkenluiders House for Whistleblowers for whistleblowing guidance and protection.

Kamer van Koophandel KVK for employer registration and compliance information.

Next Steps

Identify the issue. Write down what happened, key dates, names of people involved, and your goals, for example reinstatement, a better exit package, or unpaid wages.

Collect documents. Gather your contract, any addenda, employee handbook, CAO, payslips, rosters, performance reviews, sick leave correspondence, and emails or messages relevant to the dispute.

Check deadlines. Common deadlines include 2 months to challenge instant dismissal, 3 months to claim the transition payment, and 6 weeks to object to UWV benefit decisions. Do not delay.

Review your CAO. Sector agreements often govern pay scales, allowances, working hours, travel time, and dismissal procedures. Ask HR for the current text if you do not have it.

Talk internally first. Where safe and appropriate, discuss the issue with HR or your manager and document the conversation. For larger employers, involve the works council or a confidential advisor as needed.

Seek early legal advice. A lawyer can evaluate your position, estimate the value of claims or severance, and draft or negotiate letters, settlements, or court petitions. Independent advice is crucial before signing a settlement agreement.

Consider mediation. Many workplace disputes in Ommen and the wider Overijssel region are resolved through mediation, which can be faster and less adversarial.

Preserve evidence. Keep copies of communications and notes of meetings. Use personal devices or accounts for your records, consistent with confidentiality obligations.

Mind your benefits. If you are leaving, coordinate the end date and settlement wording to protect eligibility for unemployment benefits from UWV.

Follow through. If negotiation fails, your lawyer can file with UWV or the subdistrict court in Overijssel and guide you through hearings and enforcement.