Vacature Employment LAW

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Employment Law

Legal systems vary from country to country, but nowhere is more complex than Europe, particularly the Netherlands, so we will always safeguard your rights to avoid legal risks. Our Employment law team offers a variety of specialized services with a personal approach to suit your needs.

Our services include:

Review or draft relevant agreements and documents related to Dutch Employment law, such as:

• Employment agreements (fixed term/permanent/0-hour/min-max);
• Employment agreements for managing directors/major shareholders;
• Intercompany Transfer letters (ICT);
• Employee handbook and company policies;
• Non-disclosure agreements (NDAs);

Provide advice around:

• Hiring employees/appointing managing directors;
• Employment conditions, including bonuses and commission plans;
• Collective labor agreements, including CLA checks;
• Contractual and post-contractual obligations, such as non-competition and non-solicitation;
• Changes to employment conditions;
• Incapacity for work;
• Dismissing employees/managing directors due to economic reasons, underperformance, disruptive relationships, etc;
• Reorganization/company transfer;
• Employee representation, including setting up a Works Council;
• Assist with settlement negotiations, draft procedural documentation, and represent your company at court/UWV proceedings.

Frequently asked questions

We provide personalized knowledge and expertise specifically designed for your business goals

What is vacation allowance and how about vacation days?

Every employee is legally entitled to 8% vacation allowance over his gross annual salary. A higher percentage can be agreed upon in the individual employment agreement. Employer and employee can agree that the gross annual salary includes vacation allowance as long as the annual gross salary (excluding the 8% vacation allowance) amounts to more than the applicable minimum wage. This must, however, be put in writing.

It is important to bear in mind the abovementioned during the negotiations with employees, as it is generally assumed that salary amounts discussed refer to gross salary excluding the vacation allowance. Therefore, it is advisable to always be specific about what any salary proposal does and does not include.

The vacation allowance differs from the entitlement towards vacation days. Employees are entitled to a minimum of four times their regular working hours per week of vacation per year. For example, for a forty hour work week (of 8 hours per day): 4 x 40 = 160 vacation hours (or twenty vacation days) per year. The employer is free to offer more vacation days, but cannot provide less than the statutory amount.

A collective labor agreement, if applicable, may entitle employees to additional vacation days.

What are my options when deciding about the duration of the contract?

An employer has two options. Employees can be offered an employment agreement for either an indefinite period or a fixed term. A fixed term agreement ends automatically on the agreed upon end date, while an employment agreement for an indefinite period has no end date.

The so-called 'chain rule' applies to fixed term contracts. This rule means that an employer can:

• offer an employee a maximum of three fixed-term employment agreements, and/or;
• keep an employee employed on a fixed-term basis for a maximum of 36 months (whichever comes first).

The fourth consecutive employment agreement with the same employer will automatically be considered to be an employment agreement for an indefinite period. The same applies if the total duration of employment exceeds the 36 months' period. For two or more employment agreements to be considered 'non-consecutive', an interval of over six months must have lapsed between employment agreements.

Does a fixed term contract end automatically?

Yes, a fixed term employment agreement ends automatically on the agreed upon end date. However, if the employment agreement has lasted for six months or longer, the employer has a so-called notification obligation. This means that the employer must, at least one month before the contractual end date, notify the employee in writing as to whether or not the agreement will be renewed and if so, under what conditions.

Failure to (timely) comply with this notification obligation may result in financial penalties.

How to avoid legal proceedings in case of termination?

You may be looking to terminate employment while avoiding the costs and time expenditure involved with getting permission from either a judge or the UWV.

You can do this by entering into a termination agreement with the employee. In such an agreement, the employer and employee agree to the mutual termination of the employee's employment and lay down mutually acceptable terms. Usually, payment of severance will be one of the terms of such an agreement.

Regardless of which route you take, we highly recommend seeking legal advice prior to terminating an employment agreement. We would be happy to assist.

Should you have any question regarding the above FAQ, or any other employment law related topics, please feel free to contact us. We are more than happy to assist you!

"We are satisfied with the fast and flexible work process."

"Briddge is a perfect solution for assisting foreign companies to navigate the legal and organizational issues of conducting business in the Netherlands and across Europe. Each member of their team has added value to help us grow and they have wide-ranging expertise and connections that make the impossible look easy."

"Briddge is an excellent resource with their ability to handle accounting, tax and legal. They are smart, progressive, responsive and collaborative. A great partner to have in the Netherlands!!!"

"Hoyu has had a long-term relationship and excellent collaboration with Briddge for finance, labor and payroll management since established in 2011. We highly appreciate Briddge's one-stop service."

"We have been using Briddge since we registered the BV years ago and they have provided us with much-needed expert advice on a variety of business, legal and tax situations. They always respond to us promptly and take the time to explain everything in detail. We thoroughly enjoy our working relationship with Briddge and appreciate their hard work."

"I can't speak highly enough about Briddge. We are not a large client but I always feel we get the attention reserved for a major client. Information is always presented in a concise and crisp manner. Issues that we may present are dealt with immediately and with a great amount of thought and analysis. I appreciate the payroll folks and their excellent processing of our payrolls"

"AFA has been very happy with the Incorporation and legal services received from Briddge. The team understood our needs and was knowledgeable in assisting us with the Dutch legal impacts of our various requirements. Quick response times and friendly staff fostered the growth of a good relationship with Briddge."

How did you get to know us?

VAT NL8500.20.141.B.01

PO BOX 20119

1001 NS Amsterdam

The Netherlands

WTC Business Center

Pr. Margrietplantsoen 33

2595 AM The Hague

Groot Handelsgebouw

CIC Rotterdam

Stationsplein 45

4th floor

3013 AK Rotterdam

United States

811 W 7th street

12th floor

Los Angeles CA, 90071

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Functie:	employment law
Startdatum:	23-05-2024
Ervaring:	Ervaren
Educatielevel:	HBO
Contracttype:	Vast
Salaris:	onbekend – onbekend
Uren per week:	1 – 40

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