Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 07 JUNE 2021

BUREN Employment Basics Part 4 | Drafting Employment Agreements Under Dutch Law

BUREN
BUREN
Contributor
BUREN

BUREN

BUREN is an independent, internationally oriented firm of lawyers, civil-law notaries and tax...

View firm profile
Explore more from BUREN

In this alert we will elaborate on the form and legal requirements for employment agreements under Dutch law.

NetherlandsEmployment and HR
Suzan Van De Kam
Suzan Van De Kam
Christel Prevoo
Christel Prevoo
Author LinkedIn connections

In this alert we will elaborate on the form and legal requirements for employment agreements under Dutch law.

Key elements Dutch employment agreement

Under Dutch law, if the three conditions for an employment agreement are met - (i) the (personal) performance of services (ii) under the authority of the company, (iii) in return for remuneration - in principle an employment agreement is deemed to exist.

Orally or in writing?

An employment agreement can be concluded orally or in writing. However, to avoid evidence issues, it is highly advisable to enter into a written agreement with employees. A collective labour agreement (if applicable) may determine that the employment agreement, or certain provisions, must be agreed upon in writing. Moreover, under Dutch law, certain provisions are valid only if concluded in writing:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Implementing The EU Pay Transparency Directive In The Netherlands: What Employers Need To Know

The Netherlands is set to implement the EU Pay Transparency Directive by January 2027, introducing comprehensive requirements for employers to ensure equal pay across genders. Employers will face new obligations including salary disclosure to job applicants, gender pay-gap reporting for companies with 100+ employees, and the need to justify pay differences using objective, gender-neutral criteria.
European UnionEmployment and HR
GGI | Global Alliance
GGI | Global Alliance
Article

Future Pensions Act: Who Gets What In The Transition To The New Pension System?

The Future Pensions Act mandates that Dutch pension schemes transition to new solidarity-based or flexible defined contribution models by 2028, requiring the conversion of collective pension assets into individual capital accounts. This process raises critical questions about fair allocation of pension fund assets and the potential liability exposure for social partners and pension funds when distributions become unbalanced.
NetherlandsEmployment and HR
Loyens & Loeff
Loyens & Loeff
Article

Closing The Pay Gap: The Dutch Response To The EU Pay Transparency Directive

The Netherlands is implementing the EU Pay Transparency Directive to address the persistent 7% gender pay gap in its business sector. Employers will face new disclosure requirements before and during employment, including mandatory gender pay-gap reporting for companies with 100 or more employees, with the first reports due in 2028. The Dutch approach emphasizes strict implementation without additional obligations, but places the burden of proof on employers who fail to comply with transparency requirements
European UnionEmployment and HR
GGI | Global Alliance
GGI | Global Alliance
Article

Quarterly Insights Q3 2026: Netherlands Employment Law

The Dutch government has introduced significant changes to employment law through its 2026 Budget Day proposals, including postponing unemployment benefit reductions and delaying the abolition of transition payment compensation. Meanwhile, the More Security for Flexible Workers Act brings sweeping reforms to fixed-term contracts, on-call arrangements, and temporary agency work, fundamentally reshaping how employers engage flexible workers in the Netherlands.
NetherlandsEmployment and HR
A&O Shearman
A&O Shearman
Article

The WTTA: Why International Employers Need To Reassess Their Workforce Supply In The Netherlands

The Netherlands is introducing a strict new accreditation regime for temporary staffing that will fundamentally change how international businesses deploy workers on Dutch projects. Starting in 2028, all organizations supplying personnel in the Netherlands must obtain government admission permits, with hirers facing legal obligations to verify supplier compliance before work begins.
NetherlandsEmployment and HR
GGI | Global Alliance
GGI | Global Alliance
Article

The New Legal Presumption Of Employee Status: What Does This Mean For Clients And Self-employed Individuals?

The Netherlands has introduced a new legal presumption of employment for workers earning below EUR 38 per hour, fundamentally shifting the burden of proof in disputes over employment classification. While the substantive criteria for determining employment relationships remain unchanged, clients must now demonstrate that low-paid workers are genuinely self-employed rather than employees.
NetherlandsEmployment and HR
Loyens & Loeff
Loyens & Loeff
Article

Hiring In The Netherlands In 2026: Key Topics For Internationally Recruited Talent

The Dutch labour market in 2026 demands strategic coordination of immigration, payroll, tax, and social security matters for international recruitment. With updated salary thresholds for highly skilled migrants, evolving expat tax ruling caps, and persistent housing challenges, employers must align HR, legal, and tax functions early to avoid start-date delays and compliance risks while accessing global talent pools.
NetherlandsEmployment and HR
GGI | Global Alliance
GGI | Global Alliance
Article

Modernisation Of The Non-compete Clause: Legislative Proposal Introduces Far-reaching Changes

The Dutch government is proposing substantial reforms to non-compete clause legislation that would fundamentally alter how employers can restrict employee mobility. Under the draft amendments, employers seeking to enforce non-compete clauses would face mandatory compensation requirements of 50% of monthly salary, strict time limits, and new validity requirements including geographical scope specifications. These changes aim to balance employer interests in protecting business information with employee freed
NetherlandsEmployment and HR
Loyens & Loeff
Loyens & Loeff
Article

China Cross-border Data Transfer: Enforcement Has Arrived

China's cross-border data transfer regime has moved from paper framework to active enforcement in 2026, with regulators issuing significant fines and new rules for both small and large data processors. The three-pathway framework of CAC security assessment, Standard Contract filing, and personal information protection certification is now fully operational, creating real compliance obligations for any business moving personal data out of China.
ChinaPrivacy
BUREN
BUREN
Article

China Revises Good Clinical Practice Rules

China's revised Good Clinical Practice for Drug Trials took effect on 1 September 2026, fundamentally reshaping the regulatory landscape for clinical trials by aligning domestic requirements with ICH E6(R3) standards. The new framework introduces streamlined regulations spanning just 54 articles across six chapters, while establishing comprehensive data governance requirements and clarifying ultimate accountability for sponsors, principal investigators, and clinical trial institutions. Companies conducting
ChinaFood, Drugs, Healthcare, Life Sciences
BUREN
BUREN
Article

Bankruptcy Of Hortilux, Agrilight And AP Nederland B.V.

Stefan van Wijk of BUREN has been appointed administrator following the bankruptcy of six Dutch companies operating under the Hortilux and Agrilight brands, which manufacture lighting installations for greenhouse horticulture and livestock housing. With over ten parties already expressing interest and intensive restart efforts underway, the administrator is preparing an information memorandum to facilitate potential acquisitions while maintaining operations in the interim.
NetherlandsInsolvency/Bankruptcy/Re-Structuring
BUREN
BUREN
Article

CJEU Provides Further Guidance On The Anti-abuse Rules Under The EU Parent-Subsidiary Directive

The Court of Justice of the European Union has ruled that Member States may deny dividend withholding tax exemptions under the Parent-Subsidiary Directive even when the receiving parent company maintains genuine economic activity. This landmark decision examines whether tax authorities can look beyond immediate corporate structures to assess the entire chain of transactions for artificial arrangements designed to obtain tax advantages.
European UnionTax
BUREN
BUREN
Article

Practical Implications Of Consumption Restriction On Foreign Legal Representatives Of Chinese Companies

Foreign nationals serving as legal representatives of Chinese subsidiaries face significant practical consequences when their companies fail to comply with court judgments. Consumption restrictions may limit travel options, hotel stays, and other expenditures, while exit restrictions can prevent departure from China entirely. Understanding these enforcement measures and their implications is essential for foreign legal representatives operating in China's business environment.
ChinaLitigation, Mediation & Arbitration
BUREN
BUREN
Article

Dutch Public Country-by-country Reporting: Is Your Group Ready For The First Reports Due In 2026?

The Netherlands has introduced public country-by-country reporting requirements for large multinational groups with consolidated revenue above EUR 750 million. These new rules will make tax data publicly accessible through the Dutch trade register, allowing journalists, NGOs, investors and competitors to review tax information by jurisdiction. Groups with a calendar financial year must publish their first report by the end of 2026, covering the 2025 financial year.
NetherlandsTax
BUREN
BUREN