Update on the bill on staff retention during crises: to be tabled in Parliament despite critical advice

Since our last update in August 2025, there have been significant developments regarding the Staff Retention During Crises Bill (Wpc). The bill was submitted to the Council of State for advice on 26 September 2025. A critical opinion followed in February 2026. Nevertheless, the bill was submitted to the House of Representatives on 24 April 2026.

Critical advice from the Council of State

The Advisory Division of the Council of State endorses the importance of a structural crisis scheme, but has serious reservations about its implementation. For instance, according to the Council, it is unclear what exactly is meant by ‘viable’ businesses and who determines whether a company meets this criterion. Consequently, it is insufficiently clear which employers can make use of the scheme. Furthermore, the Council doubts whether the bill will be effective in the event of large-scale crises. It is precisely such crises that are characterised by unpredictability in terms of nature, duration and impact, whilst the bill does not make sufficient distinction in this regard. The Council therefore advises against submitting the bill, unless it is amended on these points.

Submitted to the House of Representatives anyway

Despite this critical advice, the government submitted the bill to the House of Representatives on 24 April 2026. In doing so, the government is continuing along the path it has previously set out to establish a structural scheme that supports employers in retaining staff during exceptional crises. The core of the proposal has remained unchanged; employers who experience an average of at least 20% less work over a two-month period may make use of the scheme for up to six months. They may temporarily redeploy employees on full pay, or reduce pay for hours not worked by 10% in combination with a 65% wage subsidy via the UWV.

What does this mean in practice?

With the bill’s submission to the House of Representatives, the parliamentary debate begins. It is clear that the Council of State’s criticism will play a significant role in this, particularly regarding the definition of ‘viable’ businesses, the scheme’s effectiveness in large-scale crises, and its feasibility and legal certainty. It is therefore quite possible that the bill will be amended during the parliamentary debate.

With its submission to the House of Representatives, the bill is one step closer to being introduced, but the final form of the scheme has not yet been determined. We will keep you informed of further developments.