OPENING UP SHOP IN THE NETHERLANDS
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Opening Up Shop in the netherlands
Palthe Oberman is a member of L&E Global, the alliance of employment counsel worldwide
The Netherlands is generally you will have to make sure your their employment related matters.
considered a perfect springboard company makes the right choices We have many years of experience
into the European market. Many and is compliant with all local in guiding companies from all over
companies have already chosen requirements when taking on the world through the process of
the Netherlands as their gateway staff, while local practices and taking on staff in the Netherlands.
to Europe for, amongst other local legislation vary from place to We also have a broad network of
things, the country’s strategic place. specialists to share with you, such
location, international business as tax advisors, payroll companies,
climate, first class infrastructure, Palthe Oberman is a dedicated pension advisors, working conditions
competitive fiscal climate, highly labour and employment law services, company doctor services
educated and multilingual firm operating in Amsterdam, and insurance companies.
workforce and the exceptional the Netherlands. We provide legal
quality of life. When establishing assistance to national and
your business in the Netherlands, international organizations for all
I. Labour and Employment law requirements
A) GENERAL EMPLOYER’S • For many sectors, collective the withholding of income
REQUIREMENTS labour agreements have been taxes and national insurance
agreed upon by the trade unions contributions. Please note that
In order to be legally compliant, and employers' organizations, foreign employees may be
employers are required by legislation which may contain specific eligible for tax friendly measures.
to create and implement a requirements for employers. • Will you hire any foreign
number of employment policies Please note that collective nationals? Make sure you are
and practices. The following are labour agreements may apply by compliant with local immigration
statutory requirements for an operation of law. laws.
organization that is commencing • Check whether a sectoral pension
work in the Netherlands. scheme may be applicable in B) EMPLOYEE TRAINING
your situation. Please note that REQUIREMENTS
• Dutch working conditions legislation a sectoral pension scheme may
contains several statutory obligations be mandatory. Firstly, an employer has an
for employers, such as having a • Make sure you keep personnel ongoing obligation to provide
Risk Inventory and Evaluation files for all employees in the necessary training for the
policy in place and entering into accordance with local laws and employee to exercise the duties
a contract with an occupational data protection legislation. and responsibilities in his or her
health and safety service provider • Organise the salary administration position.
(“company doctor”). of your company, including
This guide is intended as general information only. For legal advice and assistance with your business needs, please contact our Dutch firm, Palthe Oberman.
www.leglobal.org | www.paltheoberman.nl
an alliance of employers’ counsel worldwide
Secondly, an employer is liable for C) EMPLOYMENT CONTRACTS In the Netherlands, it is also
the well-being of his employees. common for companies to work
In this context, an employer The organization can choose from with independent contractors on
has certain responsibilities, for different types of employment the basis of service agreements.
example: contracts, such as permanent Independent contractors generally
contracts, temporary contracts charge an hourly fee and are not
• ensure that all employees are and contracts with a flexible considered employees.
aware of possible safety and number of work hours. In addition,
health policies or guidelines; the organization should consider Palthe Oberman has extensive
• if the workplace contains which special clauses it wishes experience in drafting both
hazardous materials, employees to include in the employment employment agreements and
must receive training on the contract, such as a probationary service agreements to the specific
handling of such materials; period, non-competition clauses, needs of the company. We would
• ensure that at least one confidentiality clauses etc. For be happy to assist you.
employee has completed a each type of employment contract
company emergency response and for the special clauses, specific
training; statutory rules apply. Depending
• In some sectors collective labour the needs of your organization we
agreements may provide for are happy to advise on the most
additional employee training suitable employment contract and
requirements. provide you with a template.
This guide is intended as general information only. For legal advice and assistance with your business needs, please contact our Dutch firm, Palthe Oberman.
opening up shop | netherlands |2
II. Corporate Law requirements
To incorporate a company in the common forms are the private • register the company and the
Netherlands, there are a number limited company (“besloten statutory directors with the
of steps and requirements that vennootschap”) and public Dutch Chamber of Commerce;
are needed to ensure legal limited company (“naamloze • register the company with the
compliance, as listed below: vennootschap”); tax authorities and apply for the
• prepare an incorporation required tax numbers;
• decide whether to establish deed (including the articles of • register trademarks or other
a subsidiary (legal entity) or a association) with the public intellectual property protections,
branch (no separate legal entity); notary; where applicable.
• in case of the establishment of • establish the initial registered
a subsidiary: define the capital office address;
structure of the company • decide who will be appointed
and choose a legal form for as statutory director(s) of the
your company. The most company;
This guide is intended as general information only. For legal advice and assistance with your business needs, please contact our Dutch firm, Palthe Oberman.
opening up shop | netherlands |3
III. Payroll and Benefits Providers
Many companies in the Netherlands 290 per hour in addition to any
make use of the services of payroll required disbursements and tax.
companies to manage their We look forward to
payroll-related matters, including If you have any questions, please
the withholding of the required contact:
working with you.
wage taxes and national insurance
Christiaan Oberman
premiums. We would be happy to
Partner
put you in contact with a payroll
company that fits your business +31 (0) 20 344 6100
requirements. oberman@paltheoberman.nl
We are pleased to offer our Lydia Milders
services for all of the required Attorney at Law
work identified above and assist milders@paltheoberman.nl
your organization to open in the
Netherlands. Any portion of the Marloes van den Eeckhout
work can be conducted on the Attorney at Law
basis of a blended rate of EUR vandeneeckhout@paltheoberman.nl
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