Curfew in the Netherlands, update for employers

Mandatory curfew as of Saturday 23 January

As of Saturday 23 January 2021 (until Wednesday 10 February), a curfew applies in the Netherlands between the hours of 9 pm – 4.30 am. There are circumstances under which individuals are allowed outside. The most relevant circumstances for employers and employees are:

• Work;
• Travelling to and from work;
• Emergency calls related to work.

The government has submitted two types of mandatory forms in Dutch that must always be carried (either printed or digital) by employees who are outside during the curfew hours. The forms are attached to this newsflash.

1. Statement filled in by the employee (Eigen verklaring Avondklok)
2. Statement filled in by the employer (Werkgeversverklaring Avondklok)

It is mandatory to only use the forms provided by the government. It is not permitted to draft or use another type of statement or document. Failure to carry the two forms leads to a fine of € 95 per breach for persons. Companies will face additional fines and other types of consequences if they fail to provide employees with the mandatory form.

Outside also means:

• Being outside of the house;
• In a car;
• In public transport;
• In a taxi;
• In transport provided for by the employer.

Statement provided by the employer

The form must be filled in as detailed as possible. It is not necessary to fill in one form for each separate evening or night the employee must work within the curfew hours. If the employee for example works in shifts during the curfew hours between 23 January en 10 February, then the times and dates of the shifts can be filled in one form. If due to the nature of the work, an employee is expected to have emergency calls related to work without fixed times, then the employer must ensure that the employee has a form covering for these types of situation as well. 

The person filling in the form on behalf of the employer must provide his/her name, position, name of the company, address, and phone number. This person must be able to represent the employer however it is not necessary to have the form signed by the director of the company. It can also be an HR representative or manager. The employer also fills in the details of the employee (name, position, date of birth). 

The employer must ensure that all employees who work within the curfew hours are provided with such form and that the employee always carries the form of the employer when travelling to and from work. The form can be filled in and printed by the employer in which case the form must be signed. If the form is filled in online, then no signature is required. 

Although this is already mandatory in the Netherlands, it is important to remind the employee that he/she must always carry a form of ID as well. 

Statement filled in by the employee

An employee travelling or working during the curfew hours must carry two forms. One provided by the employer as described above, and one filled in by the employee. 

The employee fills in the dates and times during which the employee must be outside because of work. The document must be dated and signed by the employee if printed. Otherwise filling in the form and dating it suffices.

Travelling to work

An employee must also carry the two forms when traveling to and from work during the curfew hours. This also applies in case the work ends before 21 pm but the employee may (taking into account delays) arrive home after 21 pm. 

Independent workers, consultants or agency workers

The same applies for those who are not directly employed by an employer but hired to work or provide services. These individuals must carry the same two forms as applies to employees. However, an independent worker, such as persons working for Uber or DHL, must fill in the form normally issued by the employer, themselves. 

Parents working in critical roles 

For persons working in so-called critical roles as defined by the government, children are allowed to go to school and day-care. If these persons travel to and from these facilities to bring or pick-up their children, then they should also carry the two forms if travelling during the curfew hours. 

Exempted roles

An exemption is made for the persons working at: the police, fire brigade, ambulance crews, (public) transportation (train, bus, metro, tram and also taxi), airline crew and passenger shipping companies.

Please reach out if you require assistance with preparing the forms for employees or with communication to your employees about these measures.