In a globalised economy, labour law does not stop at national borders.
In a globalised economy, labour law does not stop at national borders.
A Dutch contract does not mean that only Dutch law applies. Within the scope of the Rome I Regulation, a choice of law must not deprive the employee of the protection of provisions that cannot be derogated from by agreement under the law that would otherwise apply.
The country in which, or from which, the employee habitually works is an important connecting factor. A temporary assignment does not automatically change that country. If no habitual country of work can be identified, or there is a closer connection with another country, further analysis is required. We therefore establish the actual work, management arrangements, locations and contracting parties before advising on a choice of law.
Applicable law and jurisdiction are also separate questions. European jurisdiction rules provide special protection for employees. A standard jurisdiction clause therefore does not always give the employer the freedom its wording appears to suggest.
For a temporary assignment, the existing employment contract and supplementary arrangements must align. Determine who remains the employer, who gives instructions and who bears wages, expenses and insurance. Return arrangements, duration, extensions and early termination also deserve attention.
Local employment may require a different structure. Two parallel contracts may raise questions about seniority, dismissal and return rights. We therefore assess not only the assignment letter, but also earlier arrangements and group policies. For the Dutch foundation, we draw on our work on employment contracts and terms of employment.
Specific posting rules may apply to cross-border service provision. They may require certain employment terms of the host country to be applied even where the original employment contract remains in place. Notifications, documentation and local collective labour agreement rules may also be relevant.
The European Union provides an overview of obligations when posting workers. For longer postings, the applicable package of employment terms may expand. Employment law time limits must be distinguished from social security periods: those systems address different questions and do not always follow the same duration.
We coordinate the employment law approach with local advisers and, where necessary, tax, social security and immigration specialists. An A1 certificate, residence rights and an employment contract do not replace one another.
An employee who regularly works from another country may create new obligations for the employer. These may concern employment protection, registration, social security, taxation and data security. The label “workation”, or permission from a manager, does not remove those consequences.
A workable policy specifies permitted countries, duration, prior assessment and responsibilities. Also check working conditions, access to confidential information and transfers of personal data. An individual exception may later affect the assessment of the actual habitual workplace.
A group decision may trigger different procedures in different countries. The sequence of decision-making, consultation and individual termination must therefore be coordinated in advance. A uniform departure letter or global social plan does not necessarily comply with local mandatory rules.
We address the Dutch requirements for employee participation, collective employment law and dismissal. Local specialists assess foreign law. Departure arrangements also take account of bonuses, equity interests, non-compete clauses, return arrangements and handover of work.
International HR systems and investigations often place employee data with different group companies or service providers. Determine who is responsible, what data is needed and the legal basis for processing it. Access from a country outside the EEA may require a separate assessment of international data transfers.
We connect the contractual structure with privacy law and appropriate security and access arrangements. Membership of a corporate group does not itself create an exception to data protection rules.
No. A choice of law does not address all local obligations. Workplace, duration, nationality, role and actual organisation may matter. Assess a regular foreign workplace before permission is granted.
A common foundation can be useful, but local additions and review remain necessary. Mandatory employment terms, termination and social security in particular require assessment for each country involved.
Contact us about deploying employees internationally or a cross-border dispute. We help coordinate the Dutch employment law issues and the foreign expertise required.
