Placed on Leave by Employer — Your Rights in Netherlands

Being placed on leave (non-actiefstelling) by your employer in the Netherlands is a significant experience that can cause considerable stress and uncertainty. It means you are temporarily relieved of your work duties while continuing to receive your salary. This measure is often taken during investigations into alleged misconduct or when there are serious tensions in the workplace. As an expat, it's important to know that strict rules apply under Dutch law regarding when and how an employer may place you on leave.

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What's happening?

Being placed on leave (non-actiefstelling) is a temporary measure where your employer relieves you of your work duties but continues to pay you. This is not a suspension (schorsing), as your employment contract remains fully in effect. Employers in the Netherlands use this measure during investigations into alleged misconduct, conflicts with colleagues, or when your presence at the workplace would cause problems. Under Dutch law, the measure must always be temporary and cannot be used as punishment. Your employer must have good reasons and regularly evaluate the situation.

What does Dutch law say?

Dutch employment law gives employers limited possibilities to place employees on leave. The Dutch Civil Code (Burgerlijk Wetboek) and case law set clear requirements for this measure. Placing someone on leave is only permitted in exceptional circumstances and must always be proportionate. The employer must be able to demonstrate that this measure is necessary for the business or for an investigation.

1Article 7:628 BW (Dutch Civil Code): The employer may temporarily suspend work obligations in case of compelling business interests

2Article 7:629 BW (Dutch Civil Code): During leave, you retain the right to your full salary and other employment conditions

3Case law: Placing on leave is only permitted for 'urgent reasons' and must be regularly reconsidered

What are your rights?

As an employee in the Netherlands, you retain important rights during leave. Your employer must follow strict rules and protect your interests.

1Right to full salary: You receive your normal wages and all allowances during the leave period

2Right to explanation: Your employer must provide written explanation for why you've been placed on leave

3Right to temporariness: The measure cannot last indefinitely and must be regularly reviewed

4Right to defence: You may defend yourself and tell your side of the story

What can you do now?

It's important to act quickly and thoughtfully when placed on leave in the Netherlands. Document everything properly and seek legal help if necessary.

1Step 1: Ask your employer for written confirmation with the reason for placing you on leave

2Step 2: Document all communication and save important documents and emails

3Step 3: Regularly ask about progress and when the measure will be lifted

4Step 4: Engage an employment lawyer if the situation lasts unreasonably long or seems unjustified

Sample letter or template

MijnRecht.AI can help you draft a professional letter requesting explanation about your leave status (non-actiefstelling), objecting to unreasonable treatment, or seeking clarification about the duration of the measure. A well-drafted letter can make a difference in communication with your employer under Dutch employment law.

Where can you get help?

For problems with being placed on leave in the Netherlands, you can contact various institutions. The Legal Counter (Juridisch Loket) offers free advice for initial questions. For more complex cases, you can engage an employment law solicitor. If there's an employment dispute, the cantonal court (kantonrechter) can rule on the legitimacy of the leave under Dutch law.

Conclusion

Being placed on leave is a significant measure, but you do have rights that you can assert under Dutch employment law. By acting quickly and taking the right steps, you can ensure your employer follows the rules. As an expat in the Netherlands, don't be intimidated and seek help if you suspect the leave is unjustified.

Frequently Asked Questions

How long may being placed on leave last in the Netherlands?

May I look for other work while on leave in the Netherlands?

Can being placed on leave lead to dismissal in the Netherlands?

Must I be available during leave in the Netherlands?

Can I object to being placed on leave in the Netherlands?

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