What to expect from an employment law consultation in the Netherlands
An employment law consultation is often the most important first step in any Dutch employment matter, whether the consultation is sought from the employee side or the employer side. Employees frequently book a consultation after receiving a settlement agreement, being dismissed during sick leave, or facing a forced resignation attempt. Employers consult before terminating an employment contract, when drafting a settlement agreement, while managing a long-term sick employee, or in advance of a reorganization or collective redundancy. In both cases, understanding what happens during a consultation, and how to prepare for it, allows you to make the most of the time with the lawyer and obtain the clearest possible advice for your situation.
In a first consultation, the employment lawyer will typically: (1) listen to the account of the situation from the perspective of the party seeking advice; (2) ask targeted questions to identify the relevant legal framework; (3) assess the strength of the legal position of that party; (4) explain the options available, including the risks, costs and likelihood of success of each route; and (5) advise on the recommended course of action and immediate steps. The consultation usually lasts between 30 and 60 minutes. Many employment lawyers offer a free or fixed-fee initial consultation to employees, particularly those who have received a settlement agreement; employer consultations are normally charged from the first contact, often under an hourly rate or a fixed-fee package for a defined matter.
What to bring to an employment law consultation in the Netherlands
To get the most from the consultation, bring documents that allow the lawyer to reconstruct the employment relationship and identify the key legal issues. Most consultations benefit from:
- The employment contract and any amendments, annexes, or applicable collective labour agreement (CAO).
- The settlement agreement, dismissal letter or notice that has triggered the consultation, whether it has been received (employee) or is being prepared for issue (employer).
- Relevant correspondence between the parties (emails, letters, WhatsApp messages where relevant).
- Performance reviews, written warnings, improvement plans, or disciplinary letters from the personnel file.
- Recent payslips, for the transition payment calculation under Article 7:673 of the Dutch Civil Code.
- Sick leave documentation, including reports of the company doctor (bedrijfsarts) and the plan of action under the Wet verbetering poortwachter, if illness is a factor.
- For employers: documentation supporting the proposed dismissal ground, such as financial accounts and reorganization plan for an economic redundancy (a-grond), a substantiated underperformance file (d-grond), and any works council advice request and response under Article 25 of the Wet op de ondernemingsraden where applicable.
After the consultation: next steps under Dutch law
After the consultation, the lawyer will usually send a follow-up email summarising the advice and proposed next steps. If you decide to proceed, a fee arrangement will be agreed. Many employment lawyers in the Netherlands offer fixed fees for specific tasks (such as drafting or reviewing a settlement agreement, conducting an exit negotiation, or filing a dismissal petition with the subdistrict court), while employees with limited income may qualify for legal aid. Employers typically retain counsel under an hourly rate or a fixed-fee package for a defined matter. A consultation is the starting point, and for both sides the sooner it happens, the more options remain open.
Dutch employment law is primarily codified in Book 7, Title 10 of the Burgerlijk Wetboek (Articles 7:610 to 7:691 of the Dutch Civil Code), and was significantly reformed by the Wet werk en zekerheid (WWZ) in 2015, which introduced the current dual-track dismissal system (UWV route and subdistrict court route) and the transition payment. A well-prepared consultation with the relevant documents allows the lawyer, on the employee side, to assess the applicable dismissal route, calculate the transition payment entitlement under Article 7:673 of the Dutch Civil Code, identify any applicable dismissal prohibition, and advise on whether the employer has complied with its reintegration obligations. On the employer side, the same preparation allows the lawyer to assess whether the proposed dismissal ground is defensible, whether the procedural steps have been correctly observed, and what financial and reputational risks the chosen route entails.