What to do when your employer breaches the employment contract
If your employer is violating the terms of your employment contract - by refusing to pay agreed wages, unilaterally changing your job role, removing contractual benefits, failing to provide a safe workplace, or acting in bad faith - you have legal remedies available under Dutch employment law. The core obligations of an employer are found in Book 7 Title 10 of the Dutch Civil Code, and the overarching duty of goed werkgeverschap (good employer conduct) under Article 7:611 of the Dutch Civil Code requires the employer to act reasonably and fairly in all aspects of the employment relationship.
The first step is to put the employer in default (in gebreke stellen) in writing: send a formal letter specifying the breach, stating that the employer must remedy it within a reasonable period, and making clear that you will take legal action if they do not. This letter creates the formal default that is required before most civil remedies - including claims for damages - can be pursued.
Available remedies under Dutch employment law
Depending on the nature of the breach, your remedies include:
- Specific performance: Court order compelling the employer to fulfil the contractual obligation - for example, to pay the agreed wages or restore the agreed job role.
- Damages: Financial compensation for the loss caused by the breach, under Articles 6:74 and 7:611 BW.
- Dissolution: Request to the subdistrict court to dissolve the employment contract on the basis of seriously culpable employer conduct (Article 7:671c of the Dutch Civil Code), with entitlement to transition payment and fair compensation.
- Suspension of performance: In some circumstances, an employee can suspend their own obligations (for example, refuse to work) pending the employer's compliance, though this is a drastic step requiring legal advice.
Unilateral contract changes under Dutch law
An employer cannot unilaterally change the terms of your employment contract unless: (1) the contract contains a unilateral change clause (eenzijdig wijzigingsbeding) under Article 7:613 of the Dutch Civil Code, and (2) the employer has a compelling interest (zwaarwichtig belang) that overrides your interests in the unchanged terms. Even then, the change must be proportionate and the employer must observe the requirements of goed werkgeverschap. If the employer changes your contract without authority, contact an employment lawyer immediately.
The overarching duty of goed werkgeverschap under Article 7:611 of the Dutch Civil Code requires the employer to act as a good employer in all circumstances; persistent breach of this duty can constitute the seriously culpable employer conduct that entitles the employee to dissolve the contract under Article 7:671c of the Dutch Civil Code with entitlement to both the transition payment and fair compensation. An employer may unilaterally change employment conditions only if the contract contains a written unilateral change clause under Article 7:613 of the Dutch Civil Code and the employer has a compelling interest (zwaarwichtig belang) that overrides the employee interest in the unchanged terms; without such a clause, the Stoof/Mammoet framework applies, requiring a reasonable proposal and reasonable acceptance by the employee. The employee who puts the employer in formal default in writing (ingebrekestelling) preserves the right to claim damages and, if the breach is sufficiently serious, to suspend performance or dissolve the contract.
The overarching duty of goed werkgeverschap under Article 7:611 of the Dutch Civil Code requires the employer to act as a good employer in all circumstances; persistent breach of this duty can constitute the seriously culpable employer conduct that entitles the employee to dissolve the contract under Article 7:671c of the Dutch Civil Code with entitlement to both the transition payment and fair compensation. An employer may unilaterally change employment conditions only if the contract contains a written unilateral change clause under Article 7:613 of the Dutch Civil Code and the employer has a compelling interest (zwaarwichtig belang) that overrides the employee interest in the unchanged terms; without such a clause, the Stoof/Mammoet framework applies, requiring a reasonable proposal and reasonable acceptance by the employee. The employee who puts the employer in formal default in writing (ingebrekestelling) preserves the right to claim damages and, if the breach is sufficiently serious, to suspend performance or dissolve the contract.