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A new year means new legislation. In this article, GMW Lawyers round up what changes you can expect in 2025, and how you can prepare for them.
After a hopefully relaxing and safe year-end, it is time to look ahead to what 2025 is going to bring us on employment law matters. Many of the changes are still being deliberated, but it always pays to be prepared as early as possible for any potential changes to Dutch employment legislation.
Contrary to how it appeared last year, 2025 will not bring any changes to the legal regulation of the non-compete/non-solicitation clause. This means there is no mandatory justification for the necessity of the non-compete clause in permanent contracts and no compensation obligation when invoking the non-compete clause. The non-compete clause in an indefinite employment contract becomes valid if it is agreed upon in writing with an adult employee (anyone aged 18 or over). Always seek advice before signing a non-compete and/or non-solicitation clause.
The criteria for determining whether someone is an employee or a freelancer (ZZP) remain the same for now. This means that a freelancer on paper can, in practice, still be an employee. For example, if they perform the same work as employees employed by the company and the company has control over how they perform their work. The law that the government claims will provide clarification will not be introduced before January 1, 2026. Meanwhile, the...
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