Can my employer withhold my pay?

No, your employer cannot simply withhold your salary. The law provides you, as an employee, with very strong protection in this regard. Only in a number of specific situations may part of your pay be deducted — and even then, everything must be in order.

Last checked: March 2026. Legal information is subject to change — always check the current legislation at wetten.nl.

What does the law say?

In the Netherlands, your pay is well protected. The most important law in this regard is the Minimum Wage and Minimum Holiday Allowance Act. However, the Civil Code also plays a major role.

Article 7:627 of the Civil Code states that your employer does not have to pay your wages if you are not working. However, this only applies if you yourself are the cause of not working. Think of a strike that you organised yourself. (Check this article on wetten.nl for the most up-to-date version.)

Article 7:628 of the Civil Code reverses this principle. This article states that if you are available to work but your employer has no work for you, you are still entitled to wages. The employer cannot say: “There is nothing to do at the moment, so I won’t pay you.” That is their risk, not yours. (Check this article on wetten.nl for the most up-to-date version.)

Section 7:631 of the Dutch Civil Code sets out when an employer may deduct something from your wages. This is only permitted in limited cases. And there are strict limits on the amount. (Check this section on wetten.nl for the most up-to-date version.)

So what are these limited cases? The law mentions, among other things:

A penalty clause set out in writing in your employment contract
Damage that you have caused intentionally or through wilful recklessness
An advance on your wages that you have previously received
Costs that your employer has paid on your behalf, provided this has been agreed in writing

Even if one of these cases applies, your employer may never deduct more than a certain percentage of your wages. The law ensures that you always have enough left to live on.

Is your employer paying you nothing at all? Then they are withholding your wages. This is a serious offence. You can then go to court to claim your wages. The court may also impose a statutory surcharge — this is a kind of fine for the employer on top of your normal wages. See Article 7:625 of the Dutch Civil Code for this statutory surcharge. (Check this article on wetten.nl for the most up-to-date version.)

When does this apply to you?

These rules apply to everyone with an employment contract in the Netherlands. Whether you work full-time, part-time, through a temporary employment agency or on a zero-hours contract — the protection is there for you.

But when might you actually encounter this in practice? Here are some common situations:

You are ill. If you are ill, your employer has no right to simply stop paying your wages. In the event of illness, you are entitled to at least 70% of your wages for two years. This is set out in Article 7:629 of the Dutch Civil Code. (Check this article on wetten.nl for the most up-to-date version.) Is your employer paying less or nothing? Then they may be in breach of the law.

You are in a dispute with your employer. Sometimes an employer withholds pay as a ‘means of pressure’ during a dispute. This is absolutely not permitted. A labour dispute does not give the employer the right to withhold your pay.

Your employer claims that you have caused damage. Perhaps you made a mistake at work. Your employer wants to recover the costs from you. This is only permitted if you acted intentionally or with wilful recklessness. Ordinary mistakes are the employer’s responsibility.

You have been suspended. Suspension means you no longer have to come to work, but your contract is still in force. You are still entitled to your full wages. Suspension is not the same as dismissal.

Your employer goes bankrupt. This is a difficult situation. The UWV will step in and pay your outstanding wages up to a certain maximum. Visit uwv.nl for more information on this.

Please note: There may be a penalty clause in your employment contract. This is an agreement that you will pay a fine for certain behaviour, such as arriving late. Such a clause is only valid if it is set out in writing. And the fine must never exceed the legally permitted amount.

Step-by-step guide — what can you do now?

Check your payslip. Look carefully at what has been deducted and whether there is an explanation. Sometimes it is a mistake.
Ask for an explanation in writing. Send your employer an email or letter. Ask why the pay has been deducted. Keep this message safe — it will serve as your evidence later.
Check your employment contract. Does it contain a penalty clause or a set-off agreement? If so, is it legally valid and has the deduction been applied correctly?
Send your employer a written demand. Set a clear deadline, for example 14 days. State that you expect the outstanding wages by that date. Also mention the statutory interest as a deterrent.
Contact your trade union or a solicitor. Are you a member of a trade union? Get in touch. They can act on your behalf. Otherwise, you can request free initial advice from the Legal Advice Centre.
Submit a complaint to the Dutch Labour Inspectorate. The Labour Inspectorate enforces the Minimum Wage Act. Is your employer paying less than the statutory minimum? Then you can report this here.
Take the matter to court. If all else fails, you can initiate wage recovery proceedings at the subdistrict court. This is relatively quick and inexpensive. The court may also award the statutory increase and interest on top of your outstanding wages.

Common mistakes

Doing nothing and waiting. Many people hope that things will sort themselves out. But wage claims are subject to a limitation period. Don’t wait too long to take action.
Protesting verbally but not putting anything in writing. Without written evidence, you are in a weak position. Always put everything in writing; even a simple email is sufficient.
Agreeing to a ‘settlement’ without reading everything carefully. Sometimes an employer offers part of the wages as final settlement. By doing so, you waive the rest. Always read carefully what you are signing.
Thinking you have no rights as a probationary employee. You are entitled to pay even during a probationary period. Your employer is not allowed to withhold your pay without good reason.
Forgetting to claim the statutory surcharge. Many people only claim their back pay. But you are also entitled to a statutory surcharge of up to 50% if the employer pays late. This is an extra incentive.

Frequently asked questions

Can my employer withhold my wages if I am ill?

No, not without good reason. If you are ill, you are entitled to at least 70% of your wages for up to two years. Your employer is not allowed to stop this simply because you are ill. Are they paying less or nothing at all? Then you can challenge this. Also check whether your collective agreement contains better provisions regarding continued payment during illness.

What if my employer says I have caused damage?

Your employer may only deduct money if you have acted deliberately or with wilful recklessness. Ordinary mistakes — however serious — are the employer’s responsibility. Furthermore, this must be agreed in writing. If your employer says this verbally, they have little legal basis for making a deduction.

Can I get my back pay if my employer goes bankrupt?

Yes, in many cases you can. The UWV has a scheme for employees whose employer goes bankrupt. The UWV will then take over the payment of wages up to a certain maximum. This is called the wage guarantee scheme. You can find more information at uwv.nl.

How much statutory surcharge can I claim if my wages are paid late?

The law provides for a statutory surcharge of up to 50% of the unpaid wages. This is intended as an incentive for the employer to pay on time. The court may reduce the surcharge in exceptional circumstances, but in practice a substantial amount is often awarded. See Article 7:625 of the Dutch Civil Code. (Check this article on wetten.nl for the most up-to-date version.)

Can my employer withhold my wages if I have been suspended?

No. Suspension means that you are temporarily not required to work, but your contract continues as normal. You are therefore fully entitled to your normal wages. Suspension is not a punishment and it is not dismissal. Your employer may not use this as a reason to stop paying your wages.

Relevant legal provisions

Section 7:625 of the Dutch Civil Code — statutory surcharge for late payment of wages (check on wetten.nl)
Section 7:627 of the Dutch Civil Code — no work, no pay (with exceptions) (check on wetten.nl)
Section 7:628 of the Dutch Civil Code — continued payment of wages in the event of no work due to the employer’s fault (check on wetten.nl)
Section 7:629 of the Dutch Civil Code — continued payment of wages in the event of illness (check on wetten.nl)
Article 7:631 of the Dutch Civil Code — set-off and deduction from wages (check on wetten.nl)
Minimum Wage and Minimum Holiday Allowance Act — minimum wage protection (check on wetten.nl)

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