Employment & Pensions

Netherlands

For your business to be successful, you must manage your employees and their benefits as well as your employee representatives such as works councils and unions. Yet employment and pension law in Europe is extensive, complex and, at times, contradictory. European directives, national laws, European court decisions, local cases and precedent must all be taken into account by your management team. Our 280-strong group of sector specialists can help you navigate the maze of HR regulations, policy documents and other legal complexities you must contend with on a daily basis.

If your business crosses borders, you will be faced with additional legal hurdles before achieving the outcome you need. With a global network covering more than 30 countries, we can help solve your problems across all the jurisdictions in which you operate.

We work closely together in teams consisting of lawyers, tax lawyers, pension specialists and notaries. We assist our clients with, for example:

  • Drafting and amending of labour agreements, regulations and protocols
  • Special forms of cooperation, such as freelance contracts, on-call or 'zero hours' contracts, management contracts or contracts for professional services
  • Special legal relationships, as with (semi-)servants and statutory managers
  • Labour disputes, strikes
  • Reorganisations and relocations
  • Transfers of undertakings, outsourcing and payrolling
  • Remuneration, harmonisation of employment conditions, expat agreements, employee participation plans
  • Pension related questions
  • Disability and reintegration
  • Health & safety: working conditions, whistle-blowing regulations, sexual harassment, accidents at work
  • Equal treatment
  • Co-determination
  • Collective agreements (cao)
  • Employers’ liability and directors’ liability
  • Compliance and disciplinary law
  • Foreign Nationals Employment Act
  • Data Privacy
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"Thoroughness, regardless of the complexity of the matter," adding that "each client matters and is important to them, and they provide smart solutions."

Chambers Europe, 2019

"They are very responsive, business-minded and reliable; it's a very good and very easy working relationship."

Chambers Europe, 2019

Multi-jurisdictional matters feature strongly in the repertoire of CMS’ team, which frequently handles strategic work, including on behalf of works councils.

The Legal 500, 2018

"A very competent team that is able to cover many important markets."

Chambers Europe, 2018

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    Employment Law

    In employment relationships, it is extremely important for all parties involved to lay down properly all the rights and obligations between them. This written record must always be up to date and in line with recent changes to the law and provisions in collective agreements (CAOs).

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    Expats

    Our specialists of the CMS Expat Desk provide cross-border advice to (global) companies about international employees, also known as "expats".

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    Work and Security Act

    The 'Wet Werk en Zekerheid' (translated literally: Work and Security Act) brings a radical change to the employment law in The Netherlands. The act came into force in phases during 2015 and 2016.

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    Pensions

    Pension law is not always very transparent for employers and employees. It may be unclear if any pension commitments have been made, what they entail and whether they are being honoured. Other matters that also frequently arise are to do with the transfer value from one fund to another.

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