Home / Europe / Netherlands / Employment & Pensions

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 Legal500 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-wide, 2020

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

Chambers Europe-wide, 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
004788_header
Expats
Our specialists of the CMS Expat Desk provide cross-border advice to (global) companies about international employees, also known as "expats". The pro
000960_header
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 ca
leaf on water
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

Feed

03/05/2022
The Neth­er­lands im­mig­ra­tion and travel re­quire­ments for refugees from Ukraine
The in­form­a­tion is cur­rently ac­cur­ate as at 8 April. | Наразі інформація точна станом на 8 квітня. 1. Do I need a visa to enter this jur­is­dic­tion? | Чи потрібна...
Comparable
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
28/03/2022
Ger­many: Cross-bor­der em­ploy­ee as­sign­ments - li­ab­il­ity for wage tax?
The de­cis­ive factor for wage tax li­ab­il­ity in the in­ter­na­tion­al as­sign­ment of em­ploy­ees is not who pays the wage. For the em­ploy­ee, the ques­tion is: in which coun­try must the in­di­vidu­al pay tax on his...
03/2022
CMS Em­ploy­ment & Pen­sions Glob­al Bro­chure
Re­think­ing the work­place. Re­in­spir­ing the work­force. Nev­er be­fore have em­ploy­ee-re­lated is­sues been un­der so much scru­tiny. In the wake of the post-pan­dem­ic ‘Great Resig­na­tion’ it is no longer a...
11/03/2022
EU Opin­ion on the Pro­posed Product Safety Reg­u­la­tion
The European Com­mis­sion has put for­ward a pro­pos­al for a new re­freshed Reg­u­la­tion on product safety in line with the New Con­sumer Agenda (the “Pro­posed Reg­u­la­tion”). If passed in its cur­rent form...
01/03/2022
Pro­posed man­dat­ory cor­por­ate sus­tain­ab­il­ity due di­li­gence re­quire­ments...
On 23 Feb­ru­ary 2022, the European Com­mis­sion ad­op­ted a long-awaited pro­pos­al for a Dir­ect­ive on cor­por­ate sus­tain­ab­il­ity due di­li­gence for widely-defined spe­cified “com­pan­ies”. The pro­pos­als are wide...
10/02/2022
Whis­tleblower pro­tec­tion and re­port­ing chan­nels in the Neth­er­lands
1. Is there a law on whis­tleblow­ing in your coun­try? Yes. Since 1 Ju­ly 2016 the Whis­tleblowers Act (in Dutch: Wet Huis voor klokken­lu­iders) is in force. There is a pending le­gis­lat­ive pro­pos­al, the...
Comparable
27/01/2022
Schrems II: Re­ac­tions to the judge­ment and the su­per­vis­ory au­thor­it­ies'...
“Schrems II”: Opin­ions of the su­per­vis­ory au­thor­it­ies on Schrems II and re­com­mend­a­tions on the im­ple­ment­a­tion of the judge­ment in in­ter­na­tion­al data trans­fers On 16 Ju­ly 2020, the Court of Justice...
18/01/2022
On your radar | Is­sue 17
Key em­ploy­ment is­sues to be aware of in­ter­na­tion­ally
26/11/2021
COV­ID-19 vac­cin­a­tion and test­ing in the Neth­er­lands - em­ploy­ment law per­spect­ive
Vac­cin­a­tion 1. What op­tions does the em­ploy­er have to en­cour­age em­ploy­ees to be vac­cin­ated? Can the em­ploy­er provide a fin­an­cial in­cent­ive to em­ploy­ees?  The em­ploy­er can al­ways raise aware­ness and...
Comparable
30/09/2021
CMS Ex­pat Desk Con­tact Card
When tal­ent needs to move, we’re be­hind youLiv­ing in a highly con­nec­ted world al­lows com­pan­ies to hire and mo­bil­ise skilled and tal­en­ted people al­most any­where – and loc­ate busi­ness op­er­a­tions wherever they need to be.But when con­sid­er­ing mov­ing of­fices or em­ploy­ees, there are a range of factors to con­sider. These can in­clude the polit­ic­al and eco­nom­ic con­sequences of COV­ID-19 or Brexit, the cor­por­ate and per­son­al tax im­plic­a­tions of re­lo­ca­tion – even the im­pact of sanc­tions im­posed on cer­tain coun­tries.Around the world our CMS Ex­pat Desk teams are ready to help you man­age the em­ploy­ment, tax, visa (im­mig­ra­tion) and so­cial se­cur­ity as­pects of re­lo­ca­tion.Draw­ing to­geth­er spe­cial­ists from the CMS Em­ploy­ment & Pen­sions Group and the CMS Tax Group, our teams are net­worked across loc­a­tions in Europe, Asia, Africa and Lat­in Amer­ica to of­fer you multi-jur­is­dic­tion­al sup­port – wheth­er you’re mov­ing one em­ploy­ee or a whole of­fice.Our em­phas­is is on un­der­stand­ing you and the spe­cif­ic needs of your busi­ness. By shar­ing our know­ledge, net­works and provid­ing prac­tic­al day-to-day sup­port, we aim to help make any re­lo­ca­tion pro­cess smooth, swift and fully-con­sidered – with min­im­al dis­rup­tion to your core busi­ness.Ex­plore more about our ex­per­i­ence and ser­vices be­low. To con­tact your loc­al CMS Ex­pat Desk team, please check out the group con­tact card.Ayşegül Avci and Niels Koene, Co-Heads of the CMS Ex­pat Desk
22/09/2021
Em­ploy­ment ter­min­a­tion law and le­gis­la­tion 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