VL Weekly Employment Law | week 46

Week 46 (9-13 November 2026) brought an important pension judgment from the Dutch Supreme Court, substantial fair compensation, news on the Wtta fining policy and developments on posting and the Self-Employed Persons Act.

Supreme Court: scope of construction pension determined per undertaking

The construction industry pension fund (Bpf Bouw) and the other construction funds argued that fire protection company HooVos fell under the construction schemes from 2013. According to the Supreme Court, the scope provision must be applied per undertaking; the court of appeal's ruling, which also took into account the activities of a sister company, cannot stand. For the exceptions, the wage bill is compared per production activity separately. The case is referred to the Court of Appeal of The Hague. ECLI:NL:HR:2026:1905

Lloyds: EUR 225,000 fair compensation

After its request for dissolution was refused, Lloyds Bank imposed unreasonable conditions on the return of its Head of HR. On appeal, the Amsterdam Court of Appeal terminated the employment contract as of 1 March 2027 on the g-ground and awarded, in addition to the transition payment, fair compensation of EUR 225,000 gross for seriously culpable conduct. ECLI:NL:GHAMS:2026:3106

Wtta: misqualification attracts the highest standard fine

Under the Wtta fining policy, the Labour Authority fines misqualification of the working relationship with the highest standard fine amount, for example where workers are labelled as self-employed while in fact they are made available (terbeschikkingstelling). What matters is not the label but Article 1 Waadi and the interpretation and qualification of the agreement (Supreme Court 24 March 2023, ECLI:NL:HR:2023:443). Read our Insight

Canon: end of indexation without works council consent void

The Amsterdam Court of Appeal held that ending the supplementary indexation scheme for inactive members at Canon Europa was a decision requiring works council consent under Article 27(1) WOR. As it was not submitted for consent, it is void. Canon must have the letters rectified. ECLI:NL:GHAMS:2026:2206

Posting of third-country nationals and the Self-Employed Persons Act

According to a decision memo sent to Parliament on 12 November, there is a risk that the European Commission will start infringement proceedings against the requirement of three months' prior work in the sending Member State (read our Insight). On the Self-Employed Persons Act, Minister Aartsen writes that the bill is not yet final and that parts may be set out in an order in council (AMvB) (read our Insight). The key question remains whether the agreement is an employment contract within the meaning of Article 7:610 of the Dutch Civil Code.

Deadlines

• 24 November 2026: end of the online consultation on the Temporary Hiring Act

• 4 December 2026: end of the online consultation on the draft decree on posting of third-country nationals

• 1 January 2027: Wtta enters into force

Practical tips

• Pension funds and employers: assess the scope of a mandatory industry-wide pension fund per undertaking, not per group.

• When engaging self-employed persons, record how the agreement is performed in practice; the label is not decisive.

• Submit changes to pension and indexation schemes to the works council for consent in good time.

Read more in our knowledge base. What does this mean for your organisation? Contact us.

This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.