Employers must prove payment of minimum wage

For whom? 

• entrepreneurs employing staff 

What changes? 

Are you an employer? In future you should be able to prove that you pay your employees at least the statutory minimum wage. The government is drafting a new law to better protect employees against underpayment. Currently an employee or the Netherlands Labour Authority must prove underpayment. Once the law takes effect the burden of proof lies with the employer. 

The main changes are: 

• If you cannot prove you pay an employee at least the statutory minimum wage, the authorities can assume the employee is underpaid. You have to prove you did pay the correct wage. 
• If, as a result of poor record keeping, the Netherlands Labour Authority cannot determine whether an employee was paid the minimum wage, they may calculate the amount of underpayment. You must then pay your employee that amount. 

With this change in law the government wants to better protect employees against underpayment. Especially if it is unclear whether the employer did pay the statutory minimum wage. 

When? 

It is not yet known when this change will take effect.