Expats

Netherlands

Our specialists of the CMS Expat Desk provide cross-border advice to (global) companies about international employees, also known as "expats". The provided assistance is related to employment law, visa's, work permits, tax, pension and social security matters:

  • application of the required permits to reside and work in the Netherlands, both for expats and family members;
  • registration of the employer at the Dutch Immigration and Naturalization Services (in Dutch: IND);
  • mobility policies;
  • international assignment services agreements;
  • expat agreements covering all employment related aspects such as the relocation to the country of origin;
  • termination of the expat agreement or international assignment services agreements;
  • the possibility to apply for 30% tax ruling (which is a benefit for the expat);
  • the tax optimization of a salary split and employee benefits;
  • employers tax obligations, multi state wage and income tax returns;
  • payroll services;
  • the applicable pension scheme and how to deal with pensions in different countries;
  • the possibilities for international transfers of pension benefits and continued participation in another jurisdiction;
  • analysis of the applicable social security scheme(s) and the consequences thereof; and
  • the implementation of the preferred social security scheme.
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March 2019
CMS Guide to Em­ploy­ment Is­sues in M&A Trans­ac­tions
CMS Em­ploy­ment Prac­tice Area Group is pleased to share with you the 2019 edi­tion of the CMS Guide to Em­ploy­ment Is­sues in M&A Trans­ac­tions.While mer­gers and ac­quis­i­tions (M&A) tend to be led by cor­por­ate or tax law­yers, deal­ing ef­fect­ively with the em­ploy­ment law is­sues can sig­ni­fic­antly im­prove the chances of a suc­cess­ful trans­fer. The im­port­ance of em­ploy­ment law and the types of dif­fi­culties that arise de­pend on the nature of the in­di­vidu­al trans­ac­tion, but a fail­ure to ad­equately ex­am­ine the ex­ist­ing rights and ob­lig­a­tions between the tar­get com­pany and its staff can res­ult in ex­pens­ive em­ploy­ment claims, ad­min­is­trat­ive fines and oth­er li­ab­il­it­ies.The em­ploy­ment law­yers on the team must carry out due di­li­gence to identi­fy any po­ten­tial prob­lems with col­lect­ive bar­gain­ing agree­ments, mis­clas­si­fic­a­tion of em­ploy­ees (e.g. as freel­ance), pen­sion schemes, em­ploy­ee be­ne­fits, ac­crued and as-yet un­paid time off, ex­ist­ing leg­al claims and po­ten­tial leg­al claims. They can also help design lay­off and re­ten­tion strategies, en­sure reg­u­lat­ory com­pli­ance, har­mon­ise em­ploy­ment prac­tices in the new com­bined en­tity and deal with cross-bor­der clashes in em­ploy­ment cul­ture.This CMS Guide to Em­ploy­ment Is­sues in M&A Trans­ac­tions provides a com­pre­hens­ive over­view of the em­ploy­ment law re­quire­ments to be taken in­to ac­count when deal­ing with an M&A trans­ac­tion in any one of 31 jur­is­dic­tions. In­form­a­tion about cross-bor­der mer­gers can be found in a sep­ar­ate CMS guide.This guide of­fers a valu­able re­source to help with the plan­ning ne­ces­sary to man­age risk and avoid ma­jor prob­lems dur­ing every stage of the in­teg­ra­tion pro­cess. Should you need more de­tailed ad­vice, please reach out to your reg­u­lar CMS con­tact or send an e-mail to em­ploy­[email protected]­al.com. We have a proven track re­cord in un­der­stand­ing our cli­ents’ needs, and in de­liv­er­ing a pro­fes­sion­al and seam­less ser­vice. We will be happy to provide fur­ther ad­vice.The CMS Em­ploy­ment Team
January 2019
CMS Guides to Dis­missals
CMS Em­ploy­ment Prac­tice Area Group is pleased to share with you the 2019 edi­tion of the Guides to Dis­missalsThe CMS Guides to Dis­missals are in­ten­ded to help em­ploy­ers an­ti­cip­ate the pos­sible courses of events when they de­cide to ter­min­ate an em­ploy­ment con­tract or dis­miss a man­aging dir­ect­or. The bet­ter pre­pared and in­formed the com­pany is, the easi­er the pro­cess is to handle for every­one in­volved. Dis­missals are not just ac­tions through which an em­ploy­ment re­la­tion­ship with a com­pany ends, they can also be a part of a lar­ger re­struc­tur­ing pro­cess, some­times in­clud­ing sev­er­al coun­tries.Our CMS Guides to Dis­missals provide an easy to use over­view of ter­min­a­tion pro­ced­ures for em­ploy­ees and man­aging dir­ect­ors across Europe, Asia and Lat­in Amer­ica. The first part of the Guides deals with ter­min­a­tion pro­ced­ures for em­ploy­ees and the second part for man­aging dir­ect­ors. The Guides are in­ten­ded to provide CMS’s in­ter­na­tion­al cli­ents with a sum­mary of loc­al laws across 33 coun­tries, mak­ing it easi­er to un­der­stand both the sim­il­ar­it­ies and dif­fer­ences between jur­is­dic­tions. If these Guides en­cour­age you to seek more de­tailed in­form­a­tion, please reach out to your reg­u­lar CMS con­tact or send an e-mail to em­ploy­[email protected]­al.com. We have a proven track re­cord in un­der­stand­ing our cli­ents’ needs, and in de­liv­er­ing a pro­fes­sion­al and seam­less ser­vice. We will be happy to provide fur­ther ad­vice.Please fill in the de­tails be­low to re­ceive a free copy of CMS Guide to Dis­missals:560340ht­tps://form.jot­formeu.com/902318824583601al­ways
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January 2019
CMS On your radar
Key em­ploy­ment is­sues across Europe and bey­ond
07/01/2019
For­eign com­pan­ies with branch of­fices in Neth­er­lands face man­dat­ory em­ploy­ment...