In the new year, 2022, there are a number of legislative amendments and proposed legislation on the agenda, which we have summarised below in a brief overview. If you have any questions regarding employment law, please feel free to contact our employment lawyer.
End of 2021
Amendments to the Whistleblower Protection Act (effective date: no later than 17 December 2021). The following link provides an at-a-glance overview of the key changes: Whistleblower Protection Act.
With effect from 1 January 2022
- Right from the start of the new year, it will be possible to tax-free allowance for working from home to grant employees a maximum of €2 per day.
- The SZW Inspectorate (the Labour Inspectorate) is changing its name. The new name will be Dutch Labour Inspectorate.
- Employees are entitled to a smoke-free workplace. Smoking areas in commercial premises must be closed. All smoking areas in (semi-)public and public buildings have been closed since 1 July 2021, so the private sector will follow suit on 1 January 2022.
- A work permit is currently valid for a maximum of one year. This will be extended to three years.
- Change to the contribution to the Disability Fund (Aof). From 1 January 2022, the differentiated contribution rate for the Disability Insurance Fund (Aof) will apply. As a result, the contribution rate will be lower for small employers and higher for medium-sized and large employers.
With effect from 1 August 2022
Implementation of the EU Directive on transparent and predictable working conditions. As an employer, you are required to provide employees with greater clarity regarding their terms and conditions of employment, rights and obligations. This legislation may, amongst other things, have implications for the study scheme and any agreed prohibition on secondary employment.
As of 2 August 2022
Paid parental leave. Generally speaking, parental leave is unpaid. This is set to change; parental leave will soon be partly paid by the UWV.
Start date still unclear
- A new type of Certificate of Good Conduct (VOG) is to be introduced, exclusively for certain sensitive roles that require a high degree of integrity. This is the VOG police records.
- Compensation for the transition payment in the event of business closure due to illness. At present, as an employer, you can already receive compensation from the UWV for a paid transition payment if an employee is made redundant after 104 weeks of sickness, if you cease trading because you have reached retirement age, or due to the death of the director and major shareholder. From 2022, compensation will also be available if the business is wound up due to the director-major shareholder’s illness.
- The Works Council Act is to be amended so that flex workers can also be involved in employee participation.