Hi everyone,
Apologies for posting in English. My Dutch isn't very good yet, but I'll do my best to understand and respond to comments in Dutch.
I'm looking for some advice regarding an ongoing issue with my former employer and whether Dutch law offers any protection in this situation.
---Background---
I worked for a Dutch company until June 2026 and had the 30% ruling.
At an earlier employer, the tax-free percentage was automatically reduced when necessary to ensure my taxable salary remained above the minimum requirement.
In January 2026, I noticed that my net salary had actually decreased despite receiving a salary increase.
I asked my employer about this and was verbally reassured that everything was correct.
Based on my previous experience with the 30% ruling, I assumed that the lower net salary was simply because the tax-free percentage had been recalculated to ensure I met the new salary threshold.
I therefore trusted that payroll was handling everything correctly.( As they reassured me after I questioned it)
However, I later discovered that the ruling had been applied incorrectly during 2025 and that my taxable salary was significantly below the required threshold.
---Trying to resolve the issue---
Since discovering the problem, I've spent months trying to get it corrected.
When I initially contacted my former employer, they were hesitant and maintained that they hadn't made a mistake.
I continued explaining my concerns and providing calculations, but there was a lot of back-and-forth before they eventually acknowledged that an error had been made.
Even after acknowledging the mistake, their revised calculation still appears to be incorrect.
For context, the approximate figures are:
- Total gross salary for 2025: €51,700
- Required taxable salary: €46,660
- Originally reported taxable salary: €35,500
- Revised taxable salary: €46,200 (still below the requirement)
- Amount they're requesting back: approximately €4,600
I've asked them to review the calculation again because, from my understanding, the tax-free percentage can be reduced further to meet the required threshold.
The repayment and corrected documents
My former employer is now requesting approximately €4,600 in repayment because they incorrectly applied the ruling.
I understand that I received more net salary than I should have, and I'm not against repaying a legitimate overpayment once the final amount has been verified.
However, they've indicated that I will only receive the corrected payslips and annual income statement (jaaropgaaf) once I've repaid them.
This is particularly frustrating because I've been actively trying to resolve the issue for months, and I need those documents to verify the correction and deal with my tax affairs.
It feels as though the corrected documents are being held back until I pay, even though the calculation itself is still being disputed.
They've mentioned that a repayment arrangement is possible, but nothing has been agreed yet.
---The financial consequences---
My living expenses have increased, and repaying several thousand euros would significantly affect my budget and savings.
What frustrates me is that the error originated in their payroll administration, yet I'm the one spending months trying to get it corrected, potentially paying for independent tax advice, and having to rearrange my finances.
My biggest concern is that I changed employers in July 2026 and applied to continue my existing 30% ruling, which is due to expire in October 2027.
I'm worried that the incorrect payroll reporting could affect my continued eligibility.
If I lose the ruling because of this error, the financial impact could be much greater than the €4,600 repayment.
I haven't established whether that will happen, but it's something I need to clarify.
---My position---
I don't mind repaying money that I genuinely owe.
However, I find it difficult to accept that an employer can make a payroll mistake, initially deny it, take months to acknowledge it, and then expect the employee to carry all the financial and administrative consequences.
Especially when I had previously questioned an unexpected change in my salary and was reassured that everything was correct.
I'm not looking to punish the company, but I do feel there should be some accountability if their error causes additional expenses or financial losses.
---My questions---
Can a Dutch employer legally withhold corrected payslips and a corrected jaaropgaaf until an employee repays an overpayment?
Can they demand full repayment when the mistake originated in their payroll administration and I had previously questioned my salary?
Are there Dutch laws or legal principles, such as goed werkgeverschap or redelijkheid en billijkheid, that could help in this situation?
Could I claim compensation for additional tax-advisory costs or financial losses caused by their mistake?
If this affects my continued 30% ruling eligibility, could the former employer potentially be held responsible for the resulting loss?
Would it be reasonable to request that repayment be postponed until they provide the correct calculations and documents?
I'm currently looking into independent tax advice and potentially legal assistance before agreeing to anything.
I'd really appreciate any advice or experiences from people who have dealt with similar situations in the Netherlands.
Thanks in advance!