What can I do if my employer fails to honour the contract?

If your employer fails to comply with your employment contract, you have the right to demand compliance or claim compensation. You can first raise the issue yourself, then seek help from a trade union or a lawyer, and ultimately take the matter to court. You are in a strong legal position — a contract is binding on both parties.

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

What does the law say?

An employment contract is an agreement. Both parties — you and your employer — must abide by it. That sounds logical, but it is also a legal obligation.

The Civil Code states that an agreement is binding on the parties. This is set out in Article 6:248 of the Civil Code (check this article on wetten.nl for the most up-to-date version). This means: your employer must fulfil what is stated in your contract. If they fail to do so, they are in breach of their obligations.

In the event of such a breach, you have two important rights. Firstly, you can demand performance. This means: your employer must still do what they promised. Secondly, you can claim compensation if you have suffered loss or damage as a result of their conduct. This is set out in Article 6:74 of the Civil Code (check this article on wetten.nl for the most up-to-date version).

Specific employment law also applies to employment contracts. Book 7, Title 10 of the Civil Code governs the employment contract. It sets out your rights as an employee in very concrete terms — such as continued pay in the event of illness, holiday entitlement and notice periods.

Important: your employer does not always have to receive an official warning first. However, in practice, it is wise to address them in writing first. This allows you to build a case file. And that file could come in very handy later on — with a trade union, in a court case or during negotiations.

The law also offers you protection if your employer tries to dismiss you after you assert your rights. This is known as protection against reprisals. Let your employer know that you are aware of your rights — that often helps in itself.

When does this apply to you?

This article applies to you if you have an employment contract — whether permanent or temporary. It doesn’t matter whether you work part-time or full-time. As long as there is a written or verbal employment agreement, you have rights.

But when exactly is your employer not complying with the contract? Here are some specific examples:

Your salary is not paid, or is paid late. That is a clear breach of contract.
Your employer changes your role without your consent. They cannot do this without good reason.
Your working hours are changed unilaterally. This also requires your consent.
Holiday leave is refused or taken away. You have a legal right to holiday leave.
Your employer does not continue to pay your wages whilst you are on sick leave. This is mandatory — see the Civil Code for the exact provision.
Promised bonuses or allowances are not paid out. If this is stated in the contract, it is enforceable.
Your employer dismisses you without following the correct procedure. Dismissal is subject to strict rules.

Not sure if your situation falls under any of these? Then take a close look at what is literally stated in your contract. Compare that with what is happening in practice. Is there a difference? Then there may be a breach of contract.

Also check your collective labour agreement (CLA). If your employer is covered by a CLA, those rules apply too. Sometimes a CLA even gives you more rights than the Civil Code. Check whether a CLA applies via rijksoverheid.nl or your trade union’s website.

A verbal agreement counts too, but is harder to prove. Always try to confirm agreements in writing — including via email.

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

Gather evidence. Make a list of what has been agreed and what is happening in practice. Keep emails, payslips, timetables and messages.
Speak to your employer. Do this verbally first, but always confirm the conversation in writing afterwards. Send an email stating: “As discussed on [date]...”
Send a formal letter or email. Ask your employer in writing to comply with the contract. Set a reasonable deadline — often 5 to 14 days. This is known as a notice of default.
Consult your trade union or legal expenses insurer. Many people are insured through their trade union or have legal expenses cover via their health insurer or employer. Make use of this.
Engage an employment lawyer. An initial consultation is often free or inexpensive. Many lawyers offer free initial advice. Also check Claim.Cafe for help.
Submit a claim for unpaid wages to the subdistrict court. If your employer fails to pay your wages, you can take the matter to the subdistrict court. This is relatively quick and inexpensive. You do not need a solicitor for claims up to €25,000.
Consider mediation. Do you want to maintain the employment relationship? Then mediation is sometimes quicker and cheaper than a court case. An independent mediator will help you reach a solution.

Common mistakes

Waiting too long. The longer you wait, the harder it becomes to gather evidence. Moreover, limitation periods may apply. Act in good time.
Failing to put anything in writing. A conversation that you do not confirm barely exists in legal terms. Always send a confirmation by email.
Quitting your job on a whim. If you resign out of frustration, you may lose your entitlement to unemployment benefit. Consult a solicitor or the UWV (uwv.nl) first.
Thinking you can’t do anything without a solicitor. You don’t need a solicitor for the small claims court. And trade unions and legal advice centres often help you for free.
Forgetting your verbal agreements. Agreements made outside the written contract also count. Make sure to put them in writing and keep evidence.

Frequently asked questions

Can my employer simply reduce my salary?

No. A pay cut is a unilateral change to your employment contract. Your employer cannot do this without your consent. There are exceptions — for example, if the contract contains a clause allowing for changes. Always check your contract. Do you disagree? Then object in writing and do so quickly.

What if my employer unilaterally changes my role?

A change of role is a significant alteration. Your employer cannot simply do this. Unless your contract contains a unilateral amendment clause and they have a compelling reason. Not sure? Have your contract checked by a lawyer or trade union.

Can I claim back wages if my employer has underpaid me?

Yes. You can claim back unpaid wages. Please note: there is a five-year limitation period for wage claims — see the Civil Code for the exact provision. So don’t wait too long. Keep your payslips and contracts safe.

What if my employer dismisses me because I’m asserting my rights?

This is known as unfair dismissal or even a prohibition on termination. The law protects you against this. Contact a trade union or an employment lawyer immediately. Do not simply agree to a severance package without legal advice.

Do I have to go to court, or is there another way?

Not always. Many disputes are resolved through discussion, a letter or mediation. If that doesn’t work, you can go to the small claims court. This is accessible and relatively inexpensive — you don’t need a solicitor for claims up to €25,000.

Relevant legal provisions

Section 6:74 of the Dutch Civil Code — breach of contract and compensation
Section 6:248 of the Dutch Civil Code — binding effect of a contract
Section 7:610 of the Dutch Civil Code — definition of an employment contract
Section 7:628 of the Dutch Civil Code — obligation to continue paying wages
Article 7:629 of the Dutch Civil Code — wages in the event of illness
Article 7:613 of the Dutch Civil Code — unilateral amendment clause

Check all articles on wetten.nl for the most up-to-date version.

Employer does not abide by contract - these are your rights | Claim.Cafe