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An employment contract in English is possible and common in the Netherlands for international staff, provided that mandatory Dutch employment law is respected. Important differences between Dutch and English contracts include: choice of legal system (often mandatory Dutch law), terminology (notice period vs. termination period), and the interpretation of clauses that operate differently in other jurisdictions. A good English-language contract is a translation with legal precision, not a word-for-word translation.
The short answer
- English-language contract: permitted, provided that mandatory Dutch employment law is respected.
- Applicable law: for work in the Netherlands, Dutch employment law is in principle mandatory (Art. 8 Rome I).
- Terminology: avoid direct translations that have different legal effects (e.g. “notice period” ≠ exact Dutch notice period).
- Bilingual contract: option for international teams — determine which language prevails in case of conflict.
When is an English-language contract?
Common situations:
- International SME with foreign staff.
- Expat employees who do not speak Dutch.
- Employer with an international parent company.
- Industries where English is the working language (tech, finance, consultancy).
The law does not require the Dutch language for the agreement itself, provided the employee sufficiently understands the language used. In case of doubt: a bilingual contract.
Applicable Dutch law
Does someone work in the Netherlands on a permanent basis? If so, Dutch employment law applies mandatorily in principle, even if the contract states otherwise. Basis: Article 8 of the Rome I Regulation on international employment contracts.
In practical terms, that means:
- Dutch notice periods.
- Continued payment of wages during illness (104 weeks, 70%).
- Statutory holiday (4 weeks).
- Transition payment upon dismissal.
- Protection against non-compete clause (maximum limit in temporary contract in case of compelling interests).
A “we choose American law” does not work if the employee actually works in the Netherlands. Mandatory Dutch law prevails.
Important differences in terminology
- Notice period vs. termination period: Dutch termination periods are mandatory; “30 days notice” may be insufficient.
- At-will employment: does not exist in the Netherlands. No “can be dismissed at any time”.
- Bonus / commission: in the Netherlands, bonus agreements can be legally binding — not pure discretion as is common in the US/UK.
- Probation period: max 1 or 2 months under Dutch law (more limited than in many countries).
- Non-compete: restricted in the Netherlands — not as free as in the US.
Direct translation without a legal check leads to clauses that have no effect in the Netherlands.
The bilingual contract
Many international employers use a bilingual contract: Dutch and English text side by side. Points to consider:
- State which language version prevails in case of conflict (often Dutch).
- Both texts must correspond legally — not differ in content.
- State applicable law and competent court.
- In case of major international differences: separate side letters for specific clauses.
What do you need to arrange in advance?
- Use an SME lawyer with international experience: standard English templates rarely work.
- Document applicable law: in principle, the Netherlands for work in the Netherlands.
- Apply mandatory Dutch law: notice period, continued payment of wages, transition payment, holiday.
- Avoid legally untenable clauses: at-will, unlimited non-compete, etc.
- Bilingual where necessary: for expats with insufficient Dutch.
Honest recommendation
An English-language employment contract is not a translation of a Dutch one — it is a new legal document that reflects Dutch employment law in English terms. Invest in a specialized lawyer with international experience; standard English templates of American or British origin are usually untenable in the Netherlands.
For the basis: employment contract.
Frequently Asked Questions
Yes, provided the employee has a sufficient command of the language used and mandatory Dutch employment law is respected. Many international companies use English-language contracts or bilingual versions.
For work performed in the Netherlands, Dutch employment law applies mandatorily in principle (Article 8 of the Rome I Regulation), even if the contract states otherwise. Mandatory provisions (notice period, continued payment of wages, transition payment) remain in effect.
An American legal concept allowing an employer and employee to dismiss each other without cause. Does not exist in the Netherlands — a Dutch employer always requires a statutory ground for dismissal and must usually do so via the UWV or the subdistrict court.
Direct translation without legal review; “at-will” or “termination for convenience” clauses; unlimited non-compete; excessively long probation periods; missed references to mandatory Dutch law. All require correction.
What you agree upon in the contract — preferably in Dutch for the application of mandatory law. Document this explicitly; otherwise, ambiguity will arise in the event of a conflict.
Better not to do so without thorough revision. American templates do not fit well with Dutch employment law. Many clauses (at-will, unlimited non-compete) have no or limited effect in the Netherlands. Have a specialized lawyer draft a Dutch-compliant English-language contract.
With a specialized SME lawyer, €500 – €1,500 for a good Dutch-compliant English employment contract. Standard template compared to custom-made: custom work often pays for itself handsomely with international staff.
