START AND RUN YOUR COMPANY IN THE NETHERLANDS

Dutch employment law

6dutch-employment-law-black

Dutch Employment Law

At Amsterdam Business Support we are specialized at helping foreign businesses and their expats with HR matters in the Netherlands.

How we help:

  • Employment contracts
  • Employer insurance
  • Salary administration
  • 30% ruling assistance
  • Specialist matchmaking

 

Temporary employment contracts

An employee can be given three consecutive temporary employment contracts. A fourth contract automatically becomes a permanent one. A temporary employment contract will also be deemed permanent if the total duration of two or more consecutive temporary employment contracts exceeds two years. If a time interval of at least six months occurs between contracts, the count will be restarted.

Probationary period

Under Dutch law there is only a probationary period if this is expressly agreed upon by both parties and if this is concluded in writing. During such a period both parties can terminate the employment agreement at any time. Only employment contracts of over six months in duration can contain a probationary period.

30 % Ruling: Special tax regime for expats

The Netherlands has a special tax regime for expatriates, the so-called 30% ruling. According to this rule, the employer may grant the employee a tax-free allowance of up to a maximum of 30% of his or her remuneration, for a period of up to 96 months. The employer must be a Dutch wage tax-withholding agent, and is required to make a reasonable case that the employee possesses specific expertise that is not available, or is scarce in the Dutch labour market.

Social security

Employers’ social security rates amount to around 20% on gross salaries, and include health care, unemployment, pension contribution, disability insurance, and sickness benefit.

Sick leave

Employees with an employment contract of indefinite duration are entitled to at least 70% of their salary for a period of two years. It is possible to get insurance to cover this period.

Holiday pay

Under Dutch employment law employees are entitled to a minimum of 8% of the annual salary.

Pregnancy and maternity/paternity leave

Pregnant employees are entitled to pregnancy and maternity leave for at least sixteen weeks. It is possible to take pregnancy leave from six weeks before the date the baby is due. The pregnancy leave should start no later than four weeks before the baby is due. After giving birth the employee is always entitled to at least ten weeks of maternity leave, even if the baby is born later than it was due. Also paternity leave is given for up to two days after one’s partner has given birth.

Pension insurance

It’s possible to implement a pension scheme for employees, as long as the formation of such a scheme meets the overall conditions governed by Dutch law.

Reimbursements

The WKR provides a mechanism to determine the taxable element of cost reimbursements, fringe benefits and other costs related to personnel. Instead of an itemized division of taxable and non-taxable elements per employee, the WKR provides for a maximum amount of tax free aggregate personnel costs stated as a fixed percentage of the total salary sum.

help-in-your-language-1
starting-a-dutch-company-1
your-amsterdam-office-1
dutch-bookkeeping-1
05-dutch-tax-rules-1
07-dutch-corporate-law-1