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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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"Aside from the quality of service, CMS is valued for its 'presence in many European countries'. The team offers the gamut of employment expertise and has a focus on the impact of new technologies on workplace relations."

The Legal 500, 2019

"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

Choose area

    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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    March 2019
    CMS Guide to Em­ploy­ment Is­sues in M&A Trans­ac­tions
    January 2019
    CMS Guides to Dis­missals
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    May 2019
    CMS On your radar
    Key em­ploy­ment is­sues across Europe and bey­ond
    11/06/2019
    CJEU de­cision tight­ens work­ing time reg­u­la­tions
    EU em­ploy­ers must now keep de­tailed re­cords of their em­ploy­ees’ work­ing hours, fol­low­ing a re­cent rul­ing by the Court of Justice of the European Uni­on (CJEU). Na­tion­al law­makers face the chal­lenge of en­sur­ing com­pli­ance across di­verse in­dus­tries and vary­ing.
    March 2019
    CMS Guide to Em­ploy­ment Is­sues in M&A Trans­ac­tions
    23/05/2019
    Tack­ling single-use plastics: the ad­vent of many leg­al meas­ures which...
    Yes­ter­day’s an­nounce­ment that sub­ject to cer­tain ex­cep­tions plastic straws, plastic stemmed cot­ton buds and plastic bever­age stir­rers in Eng­land will be pro­hib­ited from sup­ply as of April 2020 has gained much me­dia at­ten­tion in the UK.
    Katarzyna Dulewicz
    January 2019
    CMS Guides to Dis­missals
    12/03/2019
    Bel­gi­um braces for Hard Brexit with draft law
    On Feb­ru­ary 19, Bel­gi­um passed a draft law pre­par­ing it­self for a Hard Brexit should the UK leave the European Uni­on (EU) on the dead­line of 29 March 2019 without a with­draw­al agree­ment in place to reg­u­late UK's de­par­ture and define its fu­ture re­la­tion­ship.
    January 2019
    CMS On your radar
    Key em­ploy­ment is­sues across Europe and bey­ond
    06/03/2019
    EMIR RE­FIT: cleared to land
    In a press re­lease, the Coun­cil of the European Uni­on (“Coun­cil”) an­nounced re­cently that a pre­lim­in­ary agree­ment was reached re­lat­ing to the pro­posed reg­u­la­tion that would amend the European Mar­ket In­fra­struc­ture Reg­u­la­tion (“EMIR”).
    29/10/2018
    CMS On your radar
    Key em­ploy­ment is­sues across Europe and bey­ond
    07/01/2019
    For­eign com­pan­ies with branch of­fices in Neth­er­lands face man­dat­ory...
    For­eign em­ploy­ers in the Neth­er­lands of­ten as­sign em­ploy­ees to third parties, such as a branch of­fice, for a fixed peri­od of time, based on an ex­ist­ing em­ploy­ment agree­ment. In this case, parties have dif­fer­ent op­tions to form­al­ise an em­ploy­ee's tem­por­ary trans­fer.
    18/10/2018
    Mon­it­or­ing em­ploy­ee be­ha­viour through AI
    03/01/2019
    Tech­no­logy in the work­place – an over­view of em­ploy­ment law is­sues...
    We can no longer ima­gine our pro­fes­sion­al lives without mod­ern in­form­a­tion and com­mu­nic­a­tion tech­no­logy. It is com­mon for em­ploy­ers to provide em­ploy­ees with tech­no­logy such as smart­phones or note­books. These com­mu­nic­a­tion and pro­ductiv­ity tools are also used.