nabestaandenwet

The Nabestaandenwet is a Dutch law that regulates the rights and entitlements of next‑of‑kin of employees who have died. Enacted to streamline and standardise the payment of compensatory benefits to survivors, it replaced a patchwork of sector‑specific provisions. The act was passed by the Dutch Parliament in 1918 and has undergone several amendments, most notably in 1967 and 2010, to reflect changes in employment law and pension systems.

Under the Nabestaandenwet, surviving spouses, registered partners and children who depended on the deceased employee’s income are eligible for a designated portion of the employee’s final salary or pension. The benefit amount is calculated as a percentage of the deceased’s last earned wage and is payable in a lump sum or as a series of installments, depending on the choice of the recipient and the employer’s contract. The law also sets limits for the number of dependents that qualify and provides exemptions for employees who had previously retired or served in the armed forces.

Employers are required to inform employees of their rights under the Nabestaandenwet at the time of hire and to maintain records to facilitate claims after a death. Additionally, the act obliges public employers, including municipalities and state institutions, to provide similar benefits. In 2015, the Ministry of Social Affairs introduced an exception for employees who had a pension scheme that already covered next‑of‑kin benefits, thereby preventing double coverage.

The Nabestaandenwet has been praised for giving security to families in the event of early death, yet critics argue that the benefit levels have not kept pace with inflation. In recent years, proposals have been made to harmonise the Dutch system with European social security standards, but no major reforms have yet been adopted. The law remains a cornerstone of the Netherlands’ social protection framework, ensuring that surviving relatives receive financial support when an employee dies.