International labor law

What we do

We are an experienced legal partner when a Dutch organization operates internationally and has branches in multiple countries. We know our way around Dutch employment law like no other. Here, we lay the employment law foundation for all personnel plans and provide the organization with advice in this regard. For the necessary legal advice abroad, we work closely with several foreign partner firms from our network. Conversely, we are frequently engaged by foreign law firms and clients. We speak the language of the international employer. Based on our expertise and experience, we are the local, trusted guide to Dutch employment law and Dutch (business) culture. Consider, among other things:

• International secondment (expats)
• International policies and employment conditions
• International labor disputes
• International procedural law
• Cross-border employment
• Immigration

Do you have questions regarding international employment law? Please contact us.

International employment law within our employment practice

International employment law is a specialized branch of employment law. As soon as an employment relationship crosses national borders—an expatriate coming to work here, a Dutch employee being posted abroad, or a foreign employer with staff in the Netherlands—three questions arise simultaneously: which employment law applies, which court has jurisdiction, and in which country is the employee socially insured. These questions are interconnected but are answered by different rules. Our mixed teams of lawyers and in-house counsel serve both international corporations with branches in multiple countries and smaller entrepreneurs—the baker hiring a foreign worker for the first time—in this regard, ensuring legal correctness while maintaining practical workability.

Which employment law applies? Rome I

The applicable labour law is determined by Regulation (EC) No 593/2008 (Rome I) . Pursuant to Article 8 of Rome I, the parties may make their own choice of law, but that choice may not deprive the employee of the protection afforded by mandatory law that would apply without a choice of law. If there is no valid choice of law, the law of the country where the employee habitually performs the work applies in principle. If that country cannot be determined, the law of the country where the establishment employing the employee is located applies. Pursuant to Article 8(4) of Rome I, the law of another country may apply if the totality of the circumstances demonstrates a manifestly closer connection with that country – for example, the country where tax is paid, where the employee is socially insured, and where the salary is determined. Finally, through Article 9 of Rome I, Dutch overriding rules (provisions of particularly mandatory law, such as the statutory minimum wage, the Working Hours Act, and the Working Conditions Act) may apply in any event. In practice, this means that a choice of foreign law by no means always overrides Dutch dismissal law or an applicable non- compete clause

Which court has jurisdiction? Brussels I-bis

Which court may hear an international employment dispute follows from Regulation (EU) No 1215/2012 (Brussels I-bis). This regulation protects the employee as the weaker party. The employee may bring the employer before the court of the Member State where the employer is established, or before the court of the country from which he habitually works or last worked. The employer, on the other hand, can in principle only sue the employee before the court of the country where the employee resides. A deviating choice of forum in the employment contract has only limited validity. Applicable law and competent court therefore do not automatically coincide: a Dutch court may have to apply foreign employment law and vice versa. We assess in advance which forum and which law are most favorable for your case and tailor the employment contract accordingly.

Secondment to the Netherlands: WagwEU and notification obligation

If a foreign employer deploys temporary staff in the Netherlands, the Posted Workers in the European Union (WagwEU) Act. This Act implements the European Posting of Workers Directive (96/71/EC) and the Enforcement Directive (2014/67/EU) and ensures that posted workers are entitled to the most important Dutch employment conditions during their work in the Netherlands, such as minimum wage, holidays, and working hours (the so-called core). The WagwEU includes a notification obligation: the foreign service provider must report the posting in advance via the online notification portal, and the Dutch client must verify that report. We assist both foreign employers with their obligations and Dutch clients who wish to avoid liability.

Social security: in which country are you insured?

The applicable employment law says nothing about social security; this is regulated separately by Regulation (EC) No 883/2004 on the coordination of social security systems. The general rule is that an employee is insured in the country where he works (country of employment principle). In the case of temporary secondment, the employee remains insured in the country of secondment subject to certain conditions; this is recorded in an A1 certificate. If someone works permanently in two or more Member States, special allocation rules apply. An incorrect assessment leads to double or missing premium payments and additional assessments. We align employment law, social security, and the tax implications to ensure that the secondment or cross-border work is legally sound.

Knowledge migrants, immigration and international dismissal

If an organization wishes to hire an employee from outside the EU, admission and employment come into play: the skilled migrant scheme, residence rights (IND), and, where necessary, a work permit. We guide the entire process, from drafting an internationally applicable contract with appropriate terms and policies to termination. Caution is particularly advised in the case of international dismissal: even if foreign law has been chosen for the contract, mandatory Dutch dismissal law apply, involving preventive review via the UWV or sub-district court and entitlement to a transition payment. It also pays to carefully examine the legal consequences in advance for flexible cross-border employment relationships.

Frequently asked questions about international employment law

Are we allowed to choose the applicable law ourselves in an employment contract?
Yes, pursuant to Article 8 of Rome I, a choice of law is permitted. However, that choice may not deprive the employee of the protection of the mandatory law of his or her country of habitual employment. In practice, many protective Dutch rules continue to apply, even in the case of a choice of foreign law.

An expat is going to work for us in the Netherlands – does Dutch employment law apply?
Often it does. If the expat habitually works in the Netherlands, Dutch (mandatory) employment law applies in principle, regardless of the nationality of the employer or employee and regardless of any choice of law.

We are temporarily sending an employee abroad. Where is he socially insured?
In the case of a temporary assignment abroad, the employee remains insured in the Netherlands subject to conditions; this is confirmed by an A1 certificate pursuant to Regulation 883/2004. Without that certificate, double premium taxation may arise.

Does the WagwEU notification obligation also apply to us as a Dutch client?
Yes. The foreign service provider reports the secondment, but as a Dutch client, you are obliged to verify that report. Failure to do so can lead to fines.

Want to brainstorm directly about an international labor issue?

Whether you are an international group with branches in multiple countries or a local entrepreneur with your first foreign employee: our lawyers and in-house counsel provide practical advice, from choice of law and contracts to cross-border dismissal. Feel free to contact us for an initial assessment of your situation.