Jurisdiction in employment disputes: the Brussels I Recast Regulation
In cross-border employment disputes, the question of which country's courts have jurisdiction is governed in the EU by the Brussels I Recast Regulation (Regulation (EU) No 1215/2012). Article 20-23 of the Regulation contain specific rules for employment matters, designed to protect employees as the weaker party by giving them advantageous forum options.
Under Article 21, an employer domiciled in an EU member state may be sued by an employee: (a) in the courts of the member state where the employer is domiciled; or (b) in another member state, in the courts of the place where or from which the employee habitually carries out their work, or the courts of the last place where this was done. This means an employee habitually working in the Netherlands can sue a foreign EU employer before a Dutch court. The subdistrict court (kantonrechter) is the competent court for employment matters in the Netherlands.
Jurisdiction clauses in employment contracts under Dutch law
Forum selection clauses (choice of court clauses) in employment contracts are subject to strict limits. Under Article 23 of the Brussels I Recast Regulation, a forum clause agreed before the dispute arose is only valid if it gives the employee additional forum options - it cannot deprive the employee of the courts that the Regulation grants them. An employer cannot therefore force an employee to litigate in a foreign court by inserting a forum clause designating that foreign court.
Practical implications under Dutch employment law
For employees working in the Netherlands under a foreign employment contract, these rules mean that Dutch courts are generally available to hear their claims - whether for unpaid wages, unfair dismissal, or transition payment. For employers, it means that inserting a foreign forum clause is not an effective way to prevent employees from litigating in the Netherlands. If you are involved in a cross-border employment dispute, consult an employment lawyer promptly to determine the most advantageous forum for your claim.
Under Articles 20-23 of Brussels I Recast (Regulation (EU) No 1215/2012), a forum clause agreed before an employment dispute arose is only valid if it gives the employee additional forum options - it cannot deprive the employee of the courts granted by Article 21. This means a clause designating an exclusive foreign court is not effective against an employee who would otherwise have the right to sue before the Dutch subdistrict court. The subdistrict court has exclusive jurisdiction over all employment disputes in the Netherlands, regardless of the monetary value of the claim.