NVWA cooperation, staff matters, the DSA, and more

Hi entrepreneur,

This month our newsletter tells you all about the fruits of our cooperation with the Netherlands Food and Consumer Product Safety Authority (NVWA) on the subject of product safety. Furthermore, we discuss what is useful to know if you employ staff, such as payslips, leave schemes, and end-of-year bonus. And finally, the EU Digital Services Act (DSA) entered into effect last weekend.?

Offering safe products within the EU ??

Are you aware of the importance of product safety? Last week, we posted a lot about product safety. In cooperation with the Netherlands Food and Consumer Product Safety Authority (NVWA), we created a page with all the information you need to offer safe products within the EU.

‘Product safety’ is the protection of consumers against all kinds of (potential) risks when they use your product. For example, kids’ toys should not contain any hazardous substance, or have hazardous shapes. If you sell consumer products within the EU, it is therefore important that they comply with the European legislation on product safety legislation.

Make sure your business is compliant and offers safe products on the market. Find out all about product safety and your responsibilities on our page.

All about salary and payslips ??

It is important to be well informed about what exactly constitutes salary for your employees and the rules you have to comply with when paying your workers. For instance, did you know that salary does not have to consist of just money? Salary covers everything your employees receive as payment for their work, including rewards in kind, or compensation for costs incurred.?

It is important to comply with the statutory minimum wage per hour, this also applies to the minimum holiday allowance and vacation days. Note that for employees aged 21 and above, the minimum wage applies, while for employees aged between 15 and 20, the youth minimum wage applies.

Employers must also issue a payslip to their employees. This is especially important when a new employee’s first salary is paid. And when there are changes in salary or payroll taxes. Payslips may be handed out digitally, but you must ask your employee for permission if you want to stop sending physical copies.

Are you aware of the many different leave schemes? ??

Did you know that there are many different types of leave schemes that your employees can use? It is important to be aware of these schemes to run your human resources policy effectively. Your employee can take leave for different situations:

1. Statutory leave arrangements: these are set out in the Dutch Work and Care Act (Wet arbeid en zorg, WaZo) and include various forms of leave, such as maternity leave, partner leave, and emergency leave.
2. Pregnancy and maternity leave: pregnant employees are entitled to a minimum of 16 weeks' leave, with possibilities for extension in specific situations.
3. Partner/paternity leave: a minimum of 1 week’s leave for partners before the birth of their child.
4. Parental leave: for employees with children up to 8 years old.
5. Adoption leave and foster leave: for employees who adopt a child or take in a foster child.
6. Short-term and long-term care leave: to take care of sick relatives or acquaintances.
7. Emergency leave and other short absence leave: for unforeseen personal circumstances such as illness of a family member.
8. Special or extraordinary leave: for special occasions such as a funeral or wedding.
9. Unpaid leave: this can be taken up by employees in agreement with you, although there is no legal right to do so.

For more information and support, you can always contact a legal adviser or HR specialist.

Do your employees receive a 13th month or year-end bonus? ??

Do you want motivate your current employees, or attract potential new talent?

Offering an extra award in the form of a year-end bonus or 13th month is an attractive condition of employment. A year-end bonus and 13th month are extra rewards you can give your staff once a year, usually at the end of December on top of the regular salary.

• A 13th month is an extra month’s wages.
• A year-end bonus is an amount that the employer determines. This is often a percentage of the gross annual salary.

Did you know…

• a year-end bonus or 13th month is an extra reward and therefore not mandatory by law? However, they may be mandatory under the collective labour agreement (CAO). If you choose to offer this condition of employment, make sure the arrangements are clearly set out in the employment contract.
• that if you pay a year-end bonus or 13th month, you have to deduct wage tax/national insurance contributions? These taxes fall under the payroll tax table for special rewards.
• that if you offer a year-end bonus or 13th month, it means all your employees are entitled to these. It does not matter what type of employment contract they have. It is important to treat all your employees equally and not skip or exclude anyone.

The Digital Services Act has entered into effect ????

On 17 February, the European Digital Services Act (DSA) took effect for all online services and platforms, including online marketplaces, social networks, and search engines. Users of online platforms are more protected as a result.

The DSA lays down obligations on online services. They must, for example, tackle illegal content and offer transparency about online advertising. National authorities, such as the Authority for Consumers and Markets (ACM) and the Dutch Data Protection Authority (AP) in the Netherlands, supervise services which are located in the Netherlands. The European Commission supervises large international online services.

Want to know exactly which rules you need to comply with for the Digital Services Act? Read more here (in Dutch).

Do you have any topics you would like to see covered in our next newsletter? Great! We are open to suggestions. Send us a message with the topic that interests you, and who knows, you might see it featured in our next edition.

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