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Employment & Pensions

Law Firm in the Netherlands specialised in Employment & Pensions

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

"Hands-on and practical."

The Legal 500 EMEA, 2022

"Very positive attitude, always quick, and knowledge is extremely good."

The Legal 500 EMEA, 2021

The lawyers are "very thorough and able to react quickly”.

Chambers Europe, 2020

"The advice is always very focused, providing a strategic, practical vision that is focused on the result”.

Chambers Europe, 2020

"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

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
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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". The pro
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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 a
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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
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19/01/2024
CBAM: Just over a week to comply
As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to...
14/12/2023
ESG Power Hour: Discover the trends for 2024
We cordially invite you to the webinar "ESG Power Hour: Discover the Trends for 2024" on Thursday 14 December 2023, from 08:30 to 09:30 AM, live via GoTo Webinar.
17/10/2023
Remote Working Laws & Regulations in the Netherlands
1. Is there any legislation relating to working from home in your country? Yes. Work from home is governed by the Working Conditions Act. The Working Conditions Decree regulates ergonomic requirements...
Comparable
16/08/2023
Whistleblower protection and reporting channels in the Netherlands
1. Is there a law on whistleblowing in your country? Yes. As of 18 February 2023, the Whistleblowers Protection Act (in Dutch: Wet bescherming klokkenluiders) ("WPA"), which transposess the EU Directive...
Comparable
01/08/2023
Dismissals and Termination of Employment in the Netherlands
1. Dismissal of employees 1.1 Reasons for dismissal In order to unilaterally terminate an employment agreement for an indefinite period of time, other than termination during the probationary period...
Comparable
30/06/2023
CMS advises AI service provider Veritone in the acquisition of Broadbean
CMS has advised AI service provider Veritone in the acquisition of Broadbean for $52 million. Broadbean is a soft­ware-as-a-ser­vice technology that makes talent acquisition and engagement more efficient...
30/05/2023
Dutch Senate has adopted the Future of Pensions Act
On 30 May 2023, the Dutch Senate has adopted the Future of Pensions Act. On 30 May 2023, the bill and submitted motions were voted on and a majority was achieved. The plenary debate took place on 22 and 23 May 2023, with a total of 30 motions submitted. The Future of Pensions Act will come into effect on 1 July 2023, with a transition period until 1 January 2027. Pension funds will have until 1 January 2028 to comply with the new law. The Future of Pension Act brings significant changes, in­clud­ing:Trans­ition from pension entitlements to personal pension pots: the current defined benefits schemes will be replaced by defined contribution schemes. Abolition of the uniform premium: the premium contribution in the new defined contribution schemes will become age-independent. Each participant, regardless of age, will receive the same premium percentage (a flat-rate premium). The maximum premium is 30% of the pensionable salary. Transitional arrangement for current age-dependent premiums: employers who already have a defined contribution arrangement with an age-dependent premium before 1 July 2023, can use a transitional arrangement. They can continue the existing pension scheme for participants who are employed before 1 January 2027. Minimum entry age of 18: the statutory minimum entry age for the pension scheme will be lowered from 21 to 18 years as of 1 January 2024. Changes to partner and orphan pensions: the amount of insured partner and orphan pensions will be standardized and expressed as a percentage of the salary. Employers and employees will face challenges, as non-compliance with the legislation from 1 January 2027 will result in taxation and significant financial consequences. Trade unions and works councils will also need to take action. CMS can provide guidance and assistance in this process. Please contact us for any questions or concerns. For more details, visit our previously published article. Contact Should you wish to receive more information or if you have any questions regarding the impact of the new pension law on your business, please contact us.
25/05/2023
North Sea Strikes and Force Majeure
The latest in a series of strikes by oil & gas workers in the North Sea continues to test the operation and efficacy of force majeure (“FM”) provisions in oil and gas industry contracts.There is no...
22/05/2023
Pension Law changes in the Netherlands
In 2019, the Dutch government together with the employee and employer organizations, concluded an agreement on significant changes to the current pension law. This agreement regulates the revision of the second-pillar pension in the Netherlands. The second-pillar pension contains the supplementary pensions that individuals build up as part of their employment as employees. Future of Pensions Act Currently, the new pension law (the 'Future of Pensions Act') is not yet adopted. The Dutch Senate will discuss and (most likely) vote on the new pension law at the end of May 2023. Based on the current proposal for the new law and the timing of the voting in the Dutch Senate, the new pension law may be adopted by the end of May 2023 and enacted by 1 July 2023. Once the law is in effect, the different stakeholders (unions, employers, employees and pension providers) will have 3.5 years (until 1 January 2027) to adjust the existing pension schemes to the new legislation. Central employment condition The most significant change in the proposed new pension law is that the pension accrual will be different from the current system. Every employee participating in a pension scheme will start building up a personal pension capital through a defined contribution scheme. Defined benefit pension schemes will no longer exist. Hence, the pension contribution will become the central employment condition. Furthermore, the pension contribution will be uniform for all ages and will not deviate per age (the so-called flat contribution). After 1 January 2027, the system of deviating pension con­tri­bu­tion based on age may only be continued for employees who were already employed and participating in the pension scheme with such system, based on the transitional law. As part of these (and more) changes, unions, employers, employees and pension providers should transition to the new pension system and existing agreements must be adjusted to comply with the new law. Compliance with the new pension law requires a transition plan in which all stakeholders should be included. We are happy to assist you with setting up such a transition plan and providing guidance on this new pension law once it is adopted. Contact Should you wish to receive more information or if you have any questions regarding the impact of the new pension law on your business, please contact us.
15/05/2023
On your radar | Issue 21
Key employment issues to be aware of internationally
13/03/2023
Getting Brexit Done? The UK Retained EU Law and what it means for UK companies
If the Retained EU Law (Revocation and Reform) Bill is passed in its current form, nearly 50 years of EU-derived rules and regulations that had become part of the fabric of UK law across a wide range...
09/03/2023
CMS Expert Guide to ESG Compensation
Incorporating ESG KPIs into directors’ remunerationThe urgent need to place sustainability at the heart of company strategy is inextricably linked to incentives provided to its directors and em­ploy­ees. This...