HomepageWork performed by persons over 65
If you run a business in the Netherlands and have an employee who is 65 or older whom you would like to keep, then you must take into account the contract of employment, working conditions and financial obligations.
Do you wish to continue the employment contract?
The contract of employment with your employee who is turning 65 will end automatically if this is determined in the contract or in the relevant collective bargaining agreement. If you wish to continue to employ your employee, you can conclude a new contract of employment. When a separate provision is not included in the contract of employment about what happens at 65, this contract will continue automatically. You can, therefore, simply continue to employ this employee.
Do you wish to terminate the employment contract?
It is sometimes more favourable to terminate the existing contract of employment and conclude a new contract depending on your and your employee's situation. You can include adjusted working conditions in this new contract. If you wish to terminate the contract, you will need the approval of the Public Employment Service (UWV WERKbedrijf) or the subdistrict court. If your employee is turning 65, you will not have any problems in obtaining this approval. Stricter criteria apply if your employee is 66 or older.
Working conditions in a new contract of employment
If the relevant collective bargaining agreement does not list working conditions for those who are 65 or older, you must determine which working conditions you will be offering your employee in the new contract of employment. The working conditions will depend on the type of contract where special attention must be paid to salary and leave.
Financial obligations
When you decide to continue to employ an employee who is 65 or older, some financial obligations will no longer apply while others will continue. The government stimulates employers to employ older employees through a number of financial advantages. You can contact the Ministry of Social Affairs and Employment for more information.
