Thomas Timmermans

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Artificial Intelligence: The Fourth Industrial Revolution and the need for improved employee representation

By Thomas Timmermans on March 9, 2018 Posted in Europe, The Netherlands

Traditional labour law is facing new challenges with the upcoming availability of flexible employment platforms (e.g. Uber/Takeaway/Deliveroo/Helpling). Society demands flexible working hours, flexible contracts and most employees are now – or in the near future – required to constantly review their skills to remain employed. It follows from research performed by the World Economic Forum … Continue reading

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

By Thomas Timmermans on August 18, 2017 Posted in Europe, The Netherlands

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

By Thomas Timmermans on June 2, 2017 Posted in Europe, The Netherlands

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

By Maartje Govaert and Thomas Timmermans on March 6, 2017 Posted in Europe, The Netherlands

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

By Thomas Timmermans and Saskia de Schutter on January 13, 2017 Posted in Europe, General, 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”

By Thomas Timmermans on November 29, 2016 Posted in Europe, The Netherlands

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)

By Thomas Timmermans on October 27, 2016 Posted in Europe, The Netherlands

Working with independent contractors/freelancers? In May 2016, we discussed https://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

By Thomas Timmermans and Saskia de Schutter on September 16, 2016 Posted in General, The Netherlands

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

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

By Thomas Timmermans and Maartje Govaert on May 25, 2016 Posted in Europe, The Netherlands

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