The minimum wage, everyone is entitled to it
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1 The minimum wage, everyone is entitled to it
2 Are you getting the minimum wage? Are you working in the Netherlands and are you younger than 65? This means that you are entitled to the Dutch minimum wage even if you are a foreign national. Your employer can pay more but an employer cannot pay less. You are also entitled to a holiday allowance. Gross minimum wage rates The gross minimum wage rates are stipulated in the provisions of the Minimum Wage and Minimum Holiday Allowance Act (wet minimumloon en minimumvakantiebijslag). Your employer has the obligation to state the gross minimum wage applicable to you on your pay slip. Your employer will deduct taxes and premiums from the gross amount. This is why your net wages will be less. The net wages are the wages paid out to you. Every year on the 1 January and 1 July, the gross amounts are increased. The gross minimum wage rates as per 1 January 2011 (in Euros) Age monthly weekly daily 23 years and over 1, years 1, years 1, years years years years years years Net minimum wage Net amounts are not stipulated by law. Net wages are the wages paid out to you either paid into your account or in cash. Your net amount of wages will depend on the taxes and premiums that have to be deducted from your wages. These deductions may vary individually. 2 The minimum wage, everyone is entitled to it
3 What is your minimum wage per hour? The rates as set for the statutory minimum wage are based on a full working week. This usually is 36, 38 or 40 hours a week and it depends in what sector you work. If you are working on a part-time basis, the minimum wage you are entitled to will also be lower. If you are working more hours, you are entitled to more wages. An example: Your company has a full 38-hour working week. You are 23 years old and you have a 24-hour working week. You should be paid a minimum wage of EUR gross every week. This is the weekly minimum wage of EUR , divided by 38 hours and multiplied by 24 hours. What is your minimum wage per hour? The law does not stipulate an hourly minimum wage, however, it can be calculated by way of dividing the weekly minimum wage by the number of hours of a full working week. Gross minimum wage rates on the basis of a 36-hour, 38-hour or 40-hour working week, as per 1 January 2011 (in Euros) Age 36-hour working week 38-hour working week 40-hour working week 23 years and over years years years years years years years years Please note: The amounts are a guideline. Where the wages to be paid are calculated, an employer must always take the full daily, weekly or monthly statutory minimum wage as a basis. Using the hourly wages as indicated may lead to underpayment as a result of rounding off the figures. Output work (piece work) If you are paid on a piece rate basis, you are entitled to the minimum wage. Examples of payment on a piece rate basis are per box or crate, per kilogram, or per square meter. If you work for one hour at a normal rate, you must be able to earn the minimum wage per hour. The minimum wage, everyone is entitled to it 3
4 What is the holiday allowance and how much are your entitled to? If you are working in the Netherlands your are entitled to a holiday allowance. Minimum holiday allowance is the term used in the law. This comes to a minimum of 8 percent of your gross wages. A holiday allowance will be paid out in addition to your normal wages. Your employer can pay out this amount by way of a payment once a year or in part-payments. The holiday allowance must be stated separately on your pay slip. If you stop working for your employer, your employer must pay out the holiday allowance still owed together with your last wages. 4 The minimum wage, everyone is entitled to it
5 How do you verify that you are receiving the correct amount of wages? The rates of the minimum wage are readjusted twice a year, i.e. in January and in July. The rates are based on working on a full-time basis. If you would like to verify whether you receive the minimum wage (or more) you must add up the following amounts: The (basic) wages as set out in your contract; Extra allowances you may receive. You may get extra allowances if you have performed particular tasks, if you have been working in shifts, if you have been working irregular hours, if you have been on call and other working situations. Performance-related pay for making a particular turnover. These must be paid out every time your payment term comes up. Payments from third parties such as tips. Such payments are a result of your work and as a result, there have to be arrangements with your employer. The total of such amounts must not come to less than the minimum wage. There is also income that is not included in the setting of the minimum wage. Income earned by doing overtime; Holiday allowance; Payments of profits; Special payments, such as an incidental payment for a turnover achieved. Payments in time as awarded under certain conditions. (examples are: part-payment of contributions for pensions or savings by the employer); Reimbursement of costs that you have had to make for the purposes of your work; Christmas or end-of-year bonuses; Contributions by the employer for medical expenses. Part-time work and minimum wages The amount of your gross minimum wage depends on how many hours you are working. If you work part-time, the gross minimum wage is proportionally lower. Pay slip The pay slip states the statutory minimum wage applicable to you. The minimum wage, everyone is entitled to it 5
6 What are the details on your pay slip? Your employer will give you a pay slip. The pay slip has the following details: Your gross wages; How these gross wages are made up from certain amounts, such as your basic wages and extra performance-related allowances. The statutory minimum wages and the minimum holiday allowance applicable to you; Your name and your employer s name; The period of time for which you are paid e.g. payment for the month of July; The number of hours you are working. You will also be able to see the tax and other contributions on your pay slip. The social insurance contributions (General Old Age Pensions Act -AOW, Surviving Dependants Act - ANW, Exceptional Medical Expenses Act AWBZ) as well as a contribution for health insurance is deducted by the employer. The contributions concerned are paid to the Tax Authorities. Verification On the basis of your pay slip you can verify whether you have been paid adequately. What can you do when the wages you have received are too low? First talk to your employer if you have received less than the statutory minimum wages. If this does not help, you can make a complaint to the Labour Inspectorate (Arbeidsinspectie ). You may make an anonymous complaint. You will find the address under the heading Additional Information. You can also go to the Subdistrict Court. In such case a union, a legal advice centre, a legal aid and advice service desk or a social advisor will be able to provide you with advice. It is possible to claim wages later Even if you have found out later that you were paid too little, you can claim wages that have not been paid. You can do this within 5 years. Holiday allowances that have not been paid must be claimed within 5 years. 6 The minimum wage, everyone is entitled to it
7 Additional information If you have any further questions about this brochure or if you wish to order more copies of this brochure? Please call the following number free of charge: Postbus 51 info line, Tel , or visit If you have been paid too little, please contact the Labour Inspectorate: , (free from within the Netherlands), or visit their internet site (also in the event of submitting digital complaints) The minimum wage, everyone is entitled to it 7
8 Ministerie van Sociale Zaken en Werkgelegenheid Ordernumber 207e January 2011 Free publication
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