Dutch legislation could also apply to employers established abroad
The most important goal of the European legislation is to stimulate free traffic of employees and services. European and Dutch legislation also have to protect (posted) employees and promote fair competition between national and international service providers.
Do you as employer (established in another country than The Netherlands) employ employees who will work for you in The Netherlands? Then you will not only be subject to various European laws, but you will also be subject to Dutch legislation.
Will an employee, for example, work temporarily in The Netherlands, whereas the employee usually works in another EU member state? Then the foreign employer and Dutch client will have to take into account that certain Dutch laws and regulations will also (compulsorily) apply. Compulsory Dutch legislation cannot be avoided by declaring that foreign law applies to the employment agreement with the employee.
It concerns, for example, certain employment conditions and terms resulting from law(s) and CLAs, such as:
- Dutch legal minimum wage;
- Sufficient rest time;
- Safe work conditions;
- Equal treatment of men and women;
- Minimum vacation days.
If you are an employer established abroad and your employees are performing work in The Netherlands, please make sure you understand the ins and outs of Dutch compulsory legislation.