Our workshops and current events

Latest news-archive

Holiday and corona: what about the right to pay?11-08-2020

The holidays have started. What about wages when an employee goes on vacation to an area with a yellow, orange or red travel advice?

Until January 1, 2020, the main rule in Dutch emploment law was: “No labor, no wages”. An exception to this main rule, so no work, but continued payment of wages, was if the employee had not been able to perform the agreed work due to a reason that should reasonably be for the account of the employer. Not being able to work as a result of an event during the holidays (with the exception of illness) was not a reason that was reasonably for the account of the employer. The employee's inability to return from vacation therefore had to be compensated for by taking extra vacation days or unpaid leave, for example.

Since January 1, 2020, this main rule has been changed to: “No labor, but wages”. This unless the cause for not (being able to) perform the work must be for the employee's account. In the old situation, the employee had to demonstrate that the non-performance of the work was at the employer's risk sphere. Since 1 January 2020, the employer must demonstrate that non-performance of the work is within the employee's sphere of risk.

When it comes to holiday destinations in corona time, we look at the travel advice from the Ministry of Foreign Affairs, indicated by the colors green, yellow, orange and red.

Code red

Code red does not recommend traveling to the country in question. In this blog we assume that employees will not travel to an area with code red.

Code orange

Code orange does not recommend traveling to those countries, unless it is really necessary. Holiday trips do not fall under necessary trips. If someone does go, it is urgent advice from the national government to quarantine for two weeks immediately upon returning to the Netherlands.

The employee who consciously chooses to go on holiday to a country with code orange therefore knows that he will have to be quarantined after returning. If the employee is unable to work from home, he will be unable to perform his duties for two weeks. We believe that it can be said that this situation lies within the employee's sphere of risk. We advise employers to inform the employee (if the holiday destination is known) in advance that during the quarantine period he is not entitled to wages if he is unable to perform his work. Employees who are able to work from home (and probably have done so recently) are entitled to wages during a period of quarantine.

Can an employer ask an employee if he plans to go to an area with a code orange area, or on return whether the employee has been in a code orange area? That is allowed. The employer has an interest in that information in connection with the duty of care for the employee in question, for the other employees and for any visitors (customers / patients) of the company.

As stopping wages is a heavy measure, we advise employers to inform their employees in advance (for example via a travel protocol) in writing of the consequences that the employer wants to attach to going on holiday to a country with code orange if the employee is consequent cannot perform his work.

Code yellow

Code yellow means that there are security risks in this country or region that differ from what we are used to in the Netherlands. However, an employee can, without prejudice to the local rules, go on holiday to a country with code yellow. Since June 15, 2020, most European countries have a yellow travel advice.

If the situation changes during the employee's holiday; for example, code yellow becomes code orange, so that the employee still has to be quarantined after return, this will probably not be in the employee's sphere of risk. Travel to those countries is justified. That could be different if it was expected in advance that the code would change from yellow to orange.

Code green

There are no special security risks with code green and you can travel to that country without any problems.


It is important that it is clear to employees in advance what the consequences may be of traveling abroad in corona time. Do you have any further questions or would you like to draw up a travel protocol? Please do not hesitate to contact us.

Liesbeth Zwitserlood

11-08-2020Holiday and corona: what about the right to pay?

The holidays have started. What about wages when an employee goes on vacation to an area with a yellow, orange or red travel advice?

Read article

18-05-2020Remarkable Supreme Court decision: Employers be alert to your employee's request to change employment

This so-called Victoria ruling of the Supreme Court of 21 February 2020 can have far-reaching consequences for employers who are confronted with a request from their employee to change the employment contract to work fewer hours (based on the Flexible Working Act) or another change proposal that they must reasonably accept as a good employer. Such a request can, under certain conditions, lead to a partial transition payment. Employers must be prepared for such a request to be made in termination proceedings, so that the employee will remain employed if the request is honored by a judge, even with a full dismissal ground. The Supreme Court thus strengthens the position of the employee.

Read article

08-05-2020Change NOW: application for individual operating company under conditions possible

On 1 May 2020, the next change to the NOW was announced and finalized. The group provision has been relaxed, in that operating companies can now also apply for NOW separately if the group's loss of turnover is less than 20%.

Read article

09-04-2020Amendments to the Temporary Emergency Measure Bridging for Work Retention Regulation (‘NOW’)

The NOW regulation, which was announced on March 31, has already changed in a few areas. This mainly concerns an extra test when submitting a dismissal application for business reasons during the NOW period and a change in the way in which the fine that applies is calculated. In this blog we inform you about the changes.

Read article

31-03-2020Publication details of Temporary Emergency Measure Bridging for Work Retention regulation (“NOW”)

Today, 31 March 2020, the Dutch government has published the details of the Temporary Emergency Measure Bridging for Work Retention regulation (“NOW”). The NOW aims at making it possible for employers to retain their employees as much as possible in the event of a loss of turnover of at least 20% as a result of the Corona crisis. To this end, a compensation in wage costs is provided of a maximum of 90% of the wage bill, related to the percentage of the decrease in turnover. Below the most important questions and answers are summed up.

Read article

24-03-2020Q&A for employers in times of Covid-19

Van Bladel Advocaten has received several questions in relation to the Covid-19 virus in relation to the workplace over the last weeks. We have bundled the most relevant questions in this blog. Please refer to our website regularly for updates and new developments.

Read article

18-03-2020Dutch measures with regard to labor costs related to COVID-19

The Minister of Social Affairs announced on March 17, 2020 that employers can apply for a compensation of wage costs if they expect at least a 20% loss of turnover due to the Corona crisis. This compensation scheme, the Temporary Emergency Measure Bridging for Work Retention (NOW), temporarily replaces the current reduction in working hours regulation that has expired immediately.

Although the scheme has yet to be worked out in detail - which is expected to happen within the next two weeks - the following is known:


Read article

10-03-2020Corona virus and employment law – an overview for Dutch employers

The so-called Corona virus (COVID-19) has also reached the Netherlands. Worldwide measures are being taken to prevent further spread of the virus. What does this mean for local employers and employees? This article answers questions about the obligation of the employer to prevent contamination, the entitlement to salary (whether or not in quarantine), privacy aspects and the Dutch subsidy arrangement on shortening of working hours (“Werktijdverkorting”).

Read article