Rotterdam Court Ruling Sets Precedent for Sick Leave Side Jobs as Dutch Labor Law Overhaul Accelerates

A Rotterdam court has strengthened protections for employees on sick leave, ruling that an employer cannot fire a worker for doing voluntary side work without first consulting a company doctor. The decision, which awarded the plaintiff over €23,000 in compensation and legal costs, comes as the Netherlands undergoes a series of sweeping changes to labor law that are generating fierce debate.

The case involved a magazine employee who had been with his employer since 2020. He was dismissed without notice after he volunteered at a pub while certified sick. The judges found that side activities during illness are not automatically grounds for termination. The company needed to involve an occupational health physician beforehand, which it failed to do.

This ruling is a reminder that proper compliance procedures are essential when managing employee absences and duties. One area where many employers leave themselves exposed is health and safety documentation. A free toolkit provides ready-to-use risk assessments, checklists and director guidance to help ensure you meet all legal requirements under UK law. Download the free Health & Safety at Work Act 1974 Toolkit

Pay Transparency Rules Now Enforceable

Since June 7, 2026, companies across the European Union must comply with the EU Pay Transparency Directive (2023/970). Dutch firms must now publish salary ranges in job advertisements. Employers are no longer allowed to ask candidates about their previous salary history.

Workers have gained the right to request information on average pay levels for the same or equivalent work. If a company’s gender pay gap exceeds 5% and cannot be justified by objective criteria, it must take corrective action. Crucially, the burden of proof in discrimination cases now rests with the employer, not the employee.

Union Warns of “Sleeping Employment” Loophole

The CNV union has attacked cabinet plans—expected from the Jetten government—to end employer compensation for severance payments after two years of employee illness. Currently, employers who dismiss a long-term sick worker receive reimbursement. That subsidy would disappear in 2027.

CNV chair Hans Van den Heuvel warned that tens of thousands of chronically ill people could lose their severance entitlements. The union estimates the average loss per affected worker at roughly €17,000. He fears employers will avoid formally ending employment after two years, instead keeping “sleeping employment relationships” open to bypass the payout. “This measure hits the weakest market participants hardest, especially after cuts to disability pensions were already made,” Van den Heuvel said.

Kidfluencers Face Crackdown

The government is also tightening child labor protections. Minister Aartsen (VVD) announced that children under 16 used for commercial social media content—so-called “kidfluencers” whose parents treat them as a business model—will fall under the Child Labor Act. Concerns center on the children’s wellbeing and self-image. Fines will be imposed for violations, with detailed rules expected in autumn 2026.

Alongside social media protections for children, workplace safety standards also demand attention in 2026. Over 37,000 UK businesses already use a free Health & Safety Toolkit covering fire safety, PPE, first aid, and more – all aligned with current UK regulations. You can get instant access to the same templates and checklists. Get the free Health & Safety Toolkit

Lobby Group Loses Major Retail Members

The Netherlands’ largest business lobby, VNO-NCW, is losing two significant members. The supermarket umbrella CBL and the Jumbo chain have terminated their membership effective January 1, 2027. Their stated reasons: a doubling of membership fees and what they see as insufficient lobbying against the youth minimum wage increase. VNO-NCW chair Coen van Oostrom described the departures as manageable.

Migration Debate Heats Up

In the Tweede Kamer, lawmakers are more actively debating how to steer labor migration. Recent figures from Statistics Netherlands (CBS) show that 68% of Dutch people support migrant workers but want a cap on numbers.

Minister Vijlbrief (Social Affairs and Employment) favors demand-side controls. Minister Aartsen aims to integrate an additional 75,000 recognized refugees into the labor market. Data from the UWV, the employee insurance agency, indicates that in 95% of Dutch occupations facing labor shortages, there is already a surplus of qualified professionals from other EU countries.

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