Topic: The Netherlands

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Subcontracting of workers under the Terms of Employment Posted Workers in the European Union Act (Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie)

The Posted Workers Directive (Directive 96/71/EC and Directive 2014/67/EU) (the Posted Workers Directive) applies where a company (the Service Provider) in one EU member state, has a contract to provide services to an undertaking in another member state and pursuant to that contract posts workers (Workers) to that other member state. The Posted Workers Directive … Continue reading

Closing down a business in the Netherlands – dealing with sick employees

Many international companies may have a branch or legal entity in the Netherlands. If such a company decides to close down its Dutch business, it needs to take actions regarding its assets, its (contractual) obligations , and its employees. If there is no possibility of finding suitable alternative employment for employees within the group, the … Continue reading

Changes to the Working Conditions Act – expected to come into force 1 July 2017

Proposed changes to the current Working Conditions Act (Arbeidsomstandighedenwet) (the Act) are expected to have a direct impact on all companies in the Netherlands. The changes will mainly impact on the current relationship with the occupational health & safety service provider (Arbodienstverlener); existing policies in relation to sickness prevention; and conditions that apply to the … Continue reading

Intra-Corporate Transfer Directive implemented in the Netherlands

On November 29, 2016 the Dutch Royal Decree (the Decree) which implements the European Intra-Corporate Transfer Directive (2014/66/EU) (the Directive), came into force. The Directive applies to secondments of non-EU citizens satisfying certain conditions whose main place of residence is outside the EU (Expats) to an EU Member State. The Directive simplifies the admission procedure … Continue reading

Judgment on the qualification of a “payroll company” and a “temporary agency contract”

On 4 November 2016, the Supreme Court in the Netherlands issued an important judgment  that will impact on the use of payroll companies. In this judgment, the Supreme Court held that no “allocation function” is needed to qualify as a temporary employment agency contract (uitzendovereenkomst). This e-Alert provides a summary of the judgment and further background … Continue reading

Update: Assessment of Employment Relationships (Deregulation) Act (DBA)

Working with independent contractors/freelancers? In May 2016, we discussed http://www.globalworkplaceinsider.com/2016/05/var-declaration-replaced-by-model-agreements-as-of-may-1-2016/ the abolition of the VAR-declaration as a result of the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act) which came into force on 1 May 2016. The first year is intended as a transitional period, during which law enforcement … Continue reading

The Foreign Nationals Employment Act

Financial risks when using foreign workers in the Netherlands Hiring contractors or temporary employment agencies that employ foreign workers in the Netherlands, can create financial risks of which you should be aware. If foreign workers carry out activities for the benefit of your business, you should comply with legal obligations under the Foreign Nationals Employment … Continue reading

New Dutch Legislation | Working after state pension age Act

Do you wish to keep valuable employees who are about to retire, but are you afraid termination will be difficult if they remain employed? As of this year, risks related to hiring employees who have reached the state pension age (an Older Employee) are considerably reduced, e.g. the duration of the prohibition to terminate and … Continue reading

VAR-declaration replaced by model agreements as of May 1, 2016

As of May 1, 2016, the VAR-declaration (Verklaring Arbeidsrelatie) will be replaced by model agreements approved by the Dutch Tax Authorities for each sector or professional field. This is due to the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act). As a result, companies run the risk additional … Continue reading

Dutch senate passes Act House for whistleblowers

On 1 March 2016, the Dutch senate adopted the Act House for whistleblowers (the Act). The Act introduces an independent and impartial governmental institution that investigates wrongdoing and assists employees in disclosure proceedings: the House for Whistleblowers. In addition, the proposal introduces several rules to protect whistleblowers. The Act is expected to come into force … Continue reading

Flexible Working Act: Stronger position for employees who want to work from home

On 14 April 2015, the Dutch Senate has accepted the Flexible Working Act, allowing employees of companies in the Netherlands more flexibility in respect of working hours and working from home. With effect from 1 January 2016, employees will be able to ask not only for changes to the number of hours they work, but also changes … Continue reading

Legislative proposal: Dutch Financial Undertakings (Remuneration Policy) Act

Dutch Financial Undertakings (Remuneration Policy) Act A bill in respect of remuneration in the Dutch financial sector is currently being debated in the senate: the Dutch Financial Undertakings (Remuneration Policy) Act (Wet beloningsbeleid financiële ondernemingen; the Act). The proposed rules apply to all financial undertakings that are regulated by the Dutch Financial Supervision Act (Wet … Continue reading

Whistleblower protection in the Netherlands: House for Whistleblowers

Introduction The legislative proposal known as ‘House for Whistleblowers’ is pending in the Netherlands. The proposal introduces an independent and impartial governmental institution that investigates wrongdoing and assists employees in disclosure proceedings: the House for Whistleblowers. In addition, the proposal introduces several rules to protect whistleblowers. The situation under current Dutch law and under the … Continue reading

Monitoring social media pays off

WhatsApp messages in which an employee expresses his opinion about a superior in an offensive manner can be sufficient reason for the employee’s instant dismissal. For employers, therefore, monitoring social media use by their employees pays off, and the importance of a good social media policy is ever increasing. In a recent case, a colleague … Continue reading

Paternity leave for fathers extended

The Dutch government recently decided to extend paternity leave arrangements for fathers. This gives the father the opportunity to spend a full working week with his child, which (according to a study by the OECD) would increase his involvement in the raising and care of the child. It is important for employers to be prepared … Continue reading

Is final discharge really final?

Introduction When an employer and an employee come to an agreement regarding the termination of an employment contract, the terms and conditions of such termination will be laid down in a settlement agreement. According to section 7:900 Civil Code, a settlement agreement seeks to conclude or prevent any uncertainty or dispute. To prevent parties from … Continue reading

Pension reforms in the Netherlands

If you are an employer currently offering your Dutch employees participation in a pension arrangement, then the below is a “must read”. In the Netherlands a legislative proposal is pending which may have an impact on the pension arrangements within your company. As of 1 January 2015 the following changes may come into force: For … Continue reading
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