Corporate
  • Insights

New curfew in the Netherlands has exceptions for night workers

Written by
Bronsgeest Deur Advocaten, leading law firm in the Netherlands specialised in HR and employment law.
Authors
Hylda Wiarda
Hylda Wiarda
Partner - Netherlands
Netherlands
26.01.21
2
The Dutch government has recently introduced a new measure in the fight against COVID-19: a curfew

Starting on 23 January, everyone is to stay inside from 21:00 until 4:30 the next morning. It is anticipated that the curfew will stay in place until 10 February. People are not allowed to be out on the streets during these hours, whether on foot, by bicycle, in the car, a taxi or public transport. 

There are exceptions to this rule, the need to work being one of them. Employees who are required to travel to/from or be at work during the curfew hours can legitimately do so provided they carry two forms: a personal curfew declaration and an employer curfew declaration. The personal curfew declaration form is also available in the English language, and can be found here. It is important to note that employees are required to use only these government forms; letters prepared by employers and/or employees themselves are not valid. The employee must present these declarations when asked to by the authorities and can do so either with a hard copy or via their phone. Noncompliance will result in a EUR 95 fine.  

Contractors or independent workers will need to complete and sign their own employer declaration, including the name and contact person of the company. They of course also need to have the personal curfew declaration with them.  

If you as an employer have temporary workers that are required to work during curfew hours, you will need to provide them with the employer declaration.

The decision on which employees are crucial for the business and need to work during curfew hours is for the employer to take. This is a responsibility that must be handled with the utmost care; unlawful usage is considered a felony. 

More information on the curfew and its rules can be found on the governments website.