Employment · Updated 1 Oct 2026 · ~6 min read

Put on garden leave in the Netherlands? Your pay and your rights in 2026

Garden leave means your employer tells you to stay at home while your contract still runs. Dutch law has no special rules for it, so the normal rules apply: your employer keeps paying you, you keep building holiday, and your contract still binds you both.

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Rules from the Dutch Civil Code, UWV and the Juridisch Loket · Checked 1 October 2026

Short answer

On garden leave (in Dutch vrijstelling van werk or op non-actief) you stop working but you stay employed until your contract ends. Your employer must keep paying your wage, because you are not working at the employer’s choice and risk (art. 7:628 of the Dutch Civil Code). You keep building holiday, and days you have not taken are paid out when you leave. The rest of your contract still applies. If you did not agree to it, say so in writing and confirm that you are available for work.

Key facts for 2026

Full wage stays due when you do not work for a reason that is the employer’s risk (art. 7:628).
Holiday keeps building while you have a right to your wage (art. 7:634), and unused days are paid out at the end (art. 7:641).
Your holiday dates follow your wishes unless there are weighty reasons against it (art. 7:638).
1 to 4 months is the legal notice period for an employer, depending on how long the contract has lasted (art. 7:672).
Still employed: both sides must act as a good employer and a good employee (art. 7:611).
WW starts later if a settlement agreement ends the contract before the notice period has run, says UWV.

This is general information about Dutch law, not legal advice for your situation. Rules change; figures are for 2026. No rights can be derived from this text.

The basics

What is garden leave in the Netherlands?

Garden leave has no article of its own in Book 7 of the Dutch Civil Code: it is an employer’s instruction to stop working while your contract continues. In Dutch you will see vrijstelling van werk (release from work) or op non-actief stellen (being put on non-active status).

During the notice period. You resigned or your employer gave notice, and you are told not to come in until the end date.
Around a settlement agreement. You are sent home while you negotiate, or the agreement releases you from work until the end date.
During an investigation. You are sent home while a complaint is looked into. The Juridisch Loket calls this a non-actiefstelling or a suspension (schorsing) (Juridisch Loket).

In every case you are still an employee until the contract ends. Your contract, your collective agreement (CAO) and the Civil Code still apply.

Pay

Do you keep your salary on garden leave?

Under article 7:628 of the Civil Code your employer must keep paying your wage when you do not work for a reason that is the employer’s risk, such as being sent home (art. 7:628 BW). Garden leave at your employer’s own choice is exactly that.

“De werkgever is verplicht het naar tijdruimte vastgestelde loon te voldoen indien de werknemer de overeengekomen arbeid geheel of gedeeltelijk niet heeft verricht, tenzij het geheel of gedeeltelijk niet verrichten van de overeengekomen arbeid in redelijkheid voor rekening van de werknemer behoort te komen.”
Article 7:628 lid 1, Dutch Civil Code, wetten.overheid.nl. In English: the employer must pay the wage when the employee did not do the agreed work, unless not working should reasonably be at the employee’s own risk.

What this means in practice:

Your normal wage. Keep checking your payslips. If a payment is missing, ask for it in writing; our guide on an employer not paying wages explains the next steps.
Savings deducted. The law lets the wage be reduced by the costs you save by not working (art. 7:628 lid 4).

Holiday

What happens to your holiday days?

Under article 7:634 of the Civil Code you keep building holiday on garden leave, because you still have a right to your wage (art. 7:634 BW).

Taking holiday. Your employer sets the start and end of your holiday according to your wishes, unless there are weighty reasons against it (art. 7:638 BW). Garden leave does not automatically use up your days.
Days left at the end. Holiday you have not taken when the contract ends is paid out in money (art. 7:641 BW), and your employer must give you a statement of the days you still had.
Put it in writing. If your employer wants you to take holiday during garden leave, ask for it in writing and check it against your contract and CAO.

Your contract

What still applies while you are at home?

Under article 7:611 of the Civil Code both sides must still act as a good employer and a good employee until the end date (art. 7:611 BW).

Confidentiality. Duties of confidentiality in your contract still apply.
Other work. A clause that bans or limits work for others outside your working hours is only valid if your employer has an objective reason for it (art. 7:653a BW). Agree a new start date with your employer in writing.
A non-compete clause limits what you may do after the contract ends (art. 7:653 BW). Read it before you accept a new job; our guide to non-compete clauses explains when it is valid.

Settlement agreement

Garden leave and a settlement agreement

Your notice period, 1 to 4 months for an employer under article 7:672 of the Civil Code, also applies when your contract ends with a settlement agreement, business.gov.nl tells employers (business.gov.nl). Take it into account when you agree the end date. Garden leave can be written into the agreement for the weeks up to that date.

The end date and WW. If you agreed no notice period or one that is too short, UWV pays no WW for the first period. It uses the notice period you should have had by law (UWV).
The legal notice period for an employer is 1 month for a contract under 5 years, 2 months from 5 years, 3 months from 10 years and 4 months from 15 years (art. 7:672 BW). A collective agreement can shorten it; your contract can make it longer in writing.
Before you sign, read our guide to settlement agreements, including your right to change your mind after signing.

Illness

What if you fall ill during garden leave?

If you fall ill on garden leave, article 7:629 of the Civil Code gives you at least 70% of your wage (up to a legal maximum) for up to 104 weeks, and in the first 52 weeks at least the minimum wage (art. 7:629 BW). Report sick in the way your employer’s sick-leave rules require.

No notice while ill. Your employer cannot give notice while you are unable to work because of illness, with a few exceptions (art. 7:670 BW).
Asked to sign while ill? UWV advises getting legal advice before you agree to a dismissal while you are ill, because you usually have no right to a benefit after it (UWV). See our sick leave guide.

Your next step

What can you do if you disagree with garden leave?

The Juridisch Loket advises 4 steps if you are put on non-active status or suspended without agreeing to it (Juridisch Loket).

Write to your employer that you do not agree with being sent home.
Say that you are available for work and that you expect your wage to be paid.
Send it by registered post and by normal post, and keep a copy, the proof of sending and the proof of receipt or refusal.
No reply, or the measure stays? Get legal advice quickly, especially if you think a dismissal may follow.

Legal help

When does an independent employment lawyer help?

If garden leave comes with a settlement agreement, article 7:670b of the Civil Code gives you 14 days after signing to cancel it in writing, or 3 weeks if the agreement does not mention that right. A lawyer helps with:

A settlement agreement that releases you from work: the end date, the notice period and the WW wording.
Missing pay or holiday days during garden leave.
A suspension during an investigation that may lead to dismissal.
A new job that may clash with a non-compete or a clause on other work.

Sent home and offered an agreement? Have it checked before you sign

Need help with this? We match you with an independent, English-speaking Dutch employment lawyer. Most clients are introduced to a lawyer within one business day. Lawyer fees are paid to the firm and explained before you proceed.

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Keep reading

Related guides

More guides for employees in the Netherlands.

Leaving

Settlement agreement

The 14-day right to withdraw and the clauses to check.

Leaving

Notice period

How long the notice period is and when it starts.

Money

Unemployment benefit (WW)

Who gets WW and for how long.

Money

Severance pay calculator

Your statutory transition payment for 2026.

Contract

Non-compete clause

When it is valid and when a court limits it.

Health

Sick leave

Sick pay, the 104 weeks and dismissal protection.

FAQ

Frequently asked questions

What is garden leave in the Netherlands?

Garden leave means your employer tells you to stop working and stay at home while your employment contract still runs. In Dutch it is usually called vrijstelling van werk, or op non-actief stellen. It often covers the notice period or the weeks around a settlement agreement. Dutch law has no separate rules for it, so the normal rules of your contract and the Civil Code apply.

Do I get paid during garden leave?

Yes. If you do not work because of something that is the employer’s risk, such as the employer’s own choice to send you home, the employer must keep paying your wage (art. 7:628 of the Dutch Civil Code). Garden leave does not end your right to your salary.

Can my employer make me take holiday during garden leave?

Not just like that. Your employer sets the start and end of your holiday according to your wishes, unless there are weighty reasons against it (art. 7:638). You also keep building up holiday while you have a right to your wage (art. 7:634). Days you still have when the contract ends are paid out (art. 7:641).

Can I start a new job during garden leave?

You are still employed until the end date, so you must still act as a good employee (art. 7:611) and keep to your contract. Check whether your contract has a clause on other work. Such a clause is only valid if your employer has an objective reason for it (art. 7:653a). Agree any new start date with your employer in writing.

Does garden leave affect my unemployment benefit (WW)?

Garden leave itself does not, because you are paid until the end date. But if your contract ends with a settlement agreement, the end date must respect your notice period. If the notice period is too short or missing, UWV pays no WW for the first period, because it uses the notice period you should have had.

Official sources, checked 1 October 2026

Final notes and legal disclaimer

This article provides general information and is not tailored to your personal circumstances.
It does not cover all situations, exceptions, or recent legal changes.
Reading this article does not create a lawyer-client relationship with findlawyer.nl or any associated entity.
No guarantee is given that this information is complete, accurate, or up to date.
No rights can be derived from this article.
For decisions about garden leave, or your specific situation, always consult a qualified professional.

FindLawyer is a lawyer-matching and case-preparation service, not a law firm. Legal advice comes from the partner lawyer.

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