setting the employee to work) are to be regarded as clearly legally different from what a temp agency provides (mostly the same as the payroller but also taking care of the hiring and replacement of an employee), is set aside by the High Court. Any distinction may be important given relevant rules in the law providing temp agencies (and also thus payrollers) and its employees a different legal position on a few subjects being pension, risk of salary payment, termination, and number of consecutive contracts. NB: in view of the enormous number of temps this is an important decision giving a clearer view on the boundaries. High Court 23 December 2016 [ECLI:NL:HR:2016:2998]: under the scope of the new WWZ Act per 1 July 2015 it had become uncertain whether the Court could dissolve an employment contract under the condition that the employment contract still existed which would yet be decided later in Court proceedings. NB: the High Court has decided that such conditional dissolution is not against the law which is particularly important for the situation in which the employer terminates the employment contract for ‘compelling reasons’(‘dringende reden’ in Dutch) of which the employee has invoked the nullity. In that situation a Court may possibly many years later rule that the employment contract had not been validly terminated. The conditional dissolution then becomes effective retroactively. Appellate Court Arnhem-Leeuwarden 31 May 2016 [ECLI:NL:GHARL:2016:4214]: The Court rules that the employee has inadequately substantiated his claim for an ‘equitable compensation’ under the law. It was also unclear under which article in the law the employee claimed – two articles bearing the same denomination but requiring another type of judgment. Furthermore awarding such equitable compensation needs to be restricted (following legislative history on this new WWZ Act per 1 July 2015) to ‘exceptional cases of tortuous actions that qualify as clearly in contravention with proper employership duties’. NB: since the WWZ came into force numerous Court rulings have been issued.  No clarity yet has been provided on the height of the amount to be awarded under what circumstances.
General HR news The economy has strengthened in 2016. Inflation has been at its lowest in nearly 30 years, there is a small increase in GDP and unemployment has dropped below 500,000. The unemployment rate should be regarded with some scepticism since the number of independent contractors with no staff (generally referred to in the Netherlands as ‘zzp-er’) has exceeded 1 million now with a part undoubtedly seeking a low income alternative for unemployment. The market of temp and similar agencies has grown as well  in 2016. Legislation WWZ: the new Act (dealing with employment contracts , termination and severance, and unemployment benefits) has fully come into force. There has been much criticism on this Act from both employer and employee side. The main objections relate to a claimed lack of effectiveness to realize ‘flexible being less flexible but fixed less fixed’. The objective that more indefinite term employment contracts would be offered has certainly so far not been met. WWZ: case law shows a tendency that Courts adhere strictly to the new rules of law which create less room for equitable judgment. Performance related cases appear to be more difficult for employers to guide through the Court and employers seem to be working more with Performance Improvement Plans. The Courts seem generally reluctant to award a severance in addition to the ‘Transitievergoeding’ (transitional allowance).
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Oranje Nassaulaan 53-2 1075AK Amsterdam, The Netherlands - Cookie policy - Legal Disclaimer
Wet Arbeid Schijnconstructies (measures against sham employment arrangements). The 2nd part of this Act has come into force per January 1, 2016. It introduces obligations for employers to avoid displacement of workers coming from abroad (a clear payslip, payment through the bank, at least minimum wage). Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie These rules following European legislation deal with obligations to create minimum obligations for Dutch businesses with regard to foreign staff working in the Netherlands. Part of these rules have come into force per 9 December 2016, the other part is yet to come into force. Wet DBA: For independent contractors (‘zzp-er’ in Dutch) and those hiring them new tax rules have officially but not effectively come into force per 1 April 2016. The VAR-statement has been replaced by model contracts issued by the tax authorities or contracts submitted to the tax authorities for approval. Originally the Ministry allowed for a transitional period but recently, due to serious criticism, the effective coming into force by enforce the new rules has been suspended for an indefinite period. This leaves the market with an uncertain situation. Recent case law High Court 4 November 2016 [ECLI:NL:HR:2016:2356]: a wide-spread thought that payrolling services (traditionally the payroller serving as formal employer and dealing with the administrative side of employment, and the client dealing with hiring and  
Bi-monthly report of what’s going on - February 2017
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General HR news  The economy has strengthened in 2016. Inflation has been at its lowest in nearly 30 years, there is a small increase in GDP and unemployment has dropped below 500,000. The unemployment rate should be regarded with some scepticism since the number of independent contractors with no staff (generally referred to in the Netherlands as ‘zzp-er’) has exceeded 1 million now with a part undoubtedly seeking a low income alternative for unemployment. The market of temp and similar agencies has grown as well  in 2016. Legislation WWZ: the new Act (dealing with employment contracts , termination and severance, and unemployment benefits) has fully come into force. There has been much criticism on this Act from both employer and employee side. The main objections relate to a claimed lack of effectiveness to realize ‘flexible being less flexible but fixed less fixed’. The objective that more indefinite term employment contracts would be offered has certainly so far not been met. WWZ: case law shows a tendency that Courts adhere strictly to the new rules of law which create less room for equitable judgment. Performance related cases appear to be more difficult for employers to guide through the Court and employers seem to be working more with Performance Improvement Plans. The Courts seem generally reluctant to award a severance in addition to the ‘Transitievergoeding’ (transitional allowance). Wet Arbeid Schijnconstructies (measures against sham employment arrangements). The 2nd part of this Act has come into force per January 1, 2016. It introduces obligations for employers to avoid displacement of workers coming from abroad (a clear payslip, payment through the bank, at least minimum wage). Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie These rules following European legislation deal with obligations to create minimum obligations for Dutch businesses with regard to foreign staff working in the Netherlands. Part of these rules have come into force per 9 December 2016, the other part is yet to come into force. Wet DBA: For independent contractors (‘zzp-er’ in Dutch) and those hiring them new tax rules have officially but not effectively come into force per 1 April 2016. The VAR-statement has been replaced by model contracts issued by the tax authorities or contracts submitted to the tax authorities for approval. Originally the Ministry allowed for a transitional period but recently, due to serious criticism, the effective coming into force by enforce the new rules has been suspended for an indefinite period. This leaves the market with an uncertain situation. Recent case law High Court 4 November 2016 [ECLI:NL:HR:2016:2356]: a wide-spread thought that payrolling services (traditionally the payroller serving as formal employer and dealing with the administrative side of employment, and the client dealing with hiring and setting the employee to work) are to be regarded as clearly legally different from what a temp agency provides (mostly the same as the payroller but also taking care of the hiring and replacement of an employee), is set aside by the High Court. Any distinction may be important given relevant rules in the law providing temp agencies (and also thus payrollers) and its employees a different legal position on a few subjects being pension, risk of salary payment, termination, and number of consecutive contracts.  NB: in view of the enormous number of temps this is an important decision giving a clearer view on the boundaries. High Court 23 December 2016 [ECLI:NL:HR:2016:2998]: under the scope of the new WWZ Act per 1 July 2015 it had become uncertain whether the Court could dissolve an employment contract under the condition that the employment contract still existed which would yet be decided later in Court proceedings. NB: the High Court has decided that such conditional dissolution is not against the law which is particularly important for the situation in which the employer terminates the employment contract for ‘compelling reasons’(‘dringende reden’ in Dutch) of which the employee has invoked the nullity. In that situation a Court may possibly many years later rule that the employment contract had not been validly terminated. The conditional dissolution then becomes effective retroactively. Appellate Court Arnhem-Leeuwarden 31 May 2016 [ECLI:NL:GHARL:2016:4214]: The Court rules that the employee has inadequately substantiated his claim for an ‘equitable compensation’ under the law. It was also unclear under which article in the law the employee claimed – two articles bearing the same denomination but requiring another type of judgment. Furthermore awarding such equitable compensation needs to be restricted (following legislative history on this new WWZ Act per 1 July 2015) to ‘exceptional cases of tortuous actions that qualify as clearly in contravention with proper employership duties’. NB: since the WWZ came into force numerous Court rulings have been issued.  No clarity yet has been provided on the height of the amount to be awarded under what circumstances.
Bi-monthly report of what’s going on  -  January 2016
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Oranje Nassaulaan 53-2 1075AK Amsterdam, The Netherlands - Cookie policy - Legal Disclaimer
Bi-monthly report of what’s going on  -  February 2017
General HR news  The economy has strengthened in 2016. Inflation has been at its lowest in nearly 30 years, there is a small increase in GDP and unemployment has dropped below 500,000. The unemployment rate should be regarded with some scepticism since the number of independent contractors with no staff (generally referred to in the Netherlands as ‘zzp-er’) has exceeded 1 million now with a part undoubtedly seeking a low income alternative for unemployment. The market of temp and similar agencies has grown as well  in 2016. Legislation WWZ: the new Act (dealing with employment contracts , termination and severance, and unemployment benefits) has fully come into force. There has been much criticism on this Act from both employer and employee side. The main objections relate to a claimed lack of effectiveness to realize ‘flexible being less flexible but fixed less fixed’. The objective that more indefinite term employment contracts would be offered has certainly so far not been met. WWZ: case law shows a tendency that Courts adhere strictly to the new rules of law which create less room for equitable judgment. Performance related cases appear to be more difficult for employers to guide through the Court and employers seem to be working more with Performance Improvement Plans. The Courts seem generally reluctant to award a severance in addition to the ‘Transitievergoeding’ (transitional allowance). Wet Arbeid Schijnconstructies (measures against sham employment arrangements). The 2nd part of this Act has come into force per January 1, 2016. It introduces obligations for employers to avoid displacement of workers coming from abroad (a clear payslip, payment through the bank, at least minimum wage). Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie These rules following European legislation deal with obligations to create minimum obligations for Dutch businesses with regard to foreign staff working in the Netherlands. Part of these rules have come into force per 9 December 2016, the other part is yet to come into force. Wet DBA: For independent contractors (‘zzp-er’ in Dutch) and those hiring them new tax rules have officially but not effectively come into force per 1 April 2016. The VAR-statement has been replaced by model contracts issued by the tax authorities or contracts submitted to the tax authorities for approval. Originally the Ministry allowed for a transitional period but recently, due to serious criticism, the effective coming into force by enforce the new rules has been suspended for an indefinite period. This leaves the market with an uncertain situation. Recent case law High Court 4 November 2016 [ECLI:NL:HR:2016:2356]: a wide-spread thought that payrolling services (traditionally the payroller serving as formal employer and dealing with the administrative side of employment, and the client dealing with hiring and setting the employee to work) are to be regarded as clearly legally different from what a temp agency provides (mostly the same as the payroller but also taking care of the hiring and replacement of an employee), is set aside by the High Court. Any distinction may be important given relevant rules in the law providing temp agencies (and also thus payrollers) and its employees a different legal position on a few subjects being pension, risk of salary payment, termination, and number of consecutive contracts.  NB: in view of the enormous number of temps this is an important decision giving a clearer view on the boundaries. High Court 23 December 2016 [ECLI:NL:HR:2016:2998]: under the scope of the new WWZ Act per 1 July 2015 it had become uncertain whether the Court could dissolve an employment contract under the condition that the employment contract still existed which would yet be decided later in Court proceedings. NB: the High Court has decided that such conditional dissolution is not against the law which is particularly important for the situation in which the employer terminates the employment contract for ‘compelling reasons’(‘dringende reden’ in Dutch) of which the employee has invoked the nullity. In that situation a Court may possibly many years later rule that the employment contract had not been validly terminated. The conditional dissolution then becomes effective retroactively. Appellate Court Arnhem-Leeuwarden 31 May 2016 [ECLI:NL:GHARL:2016:4214]: The Court rules that the employee has inadequately substantiated his claim for an ‘equitable compensation’ under the law. It was also unclear under which article in the law the employee claimed – two articles bearing the same denomination but requiring another type of judgment. Furthermore awarding such equitable compensation needs to be restricted (following legislative history on this new WWZ Act per 1 July 2015) to ‘exceptional cases of tortuous actions that qualify as clearly in contravention with proper employership duties’. NB: since the WWZ came into force numerous Court rulings have been issued.  No clarity yet has been provided on the height of the amount to be awarded under what circumstances.
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Oranje Nassaulaan 53-2 1075AK Amsterdam,  The Netherlands - Cookie policy - Legal Disclaimer
Bi-monthly report of what’s going on February 2017
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The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten  tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals Marc Vogel - tel.+31 20 3052042 - Oranje Nassaulaan 53-2  1075AK Amsterdam, The Netherlands Cookie policy - Legal Disclaimer
Bi-monthly report of what’s going on February 2017
General HR news The economy has strengthened in 2016. Inflation has been at its lowest in nearly 30 years, there is a small increase in GDP and unemployment has dropped below 500,000. The unemployment rate should be regarded with some scepticism since the number of independent contractors with no staff (generally referred to in the Netherlands as ‘zzp-er’) has exceeded 1 million now with a part undoubtedly seeking a low income alternative for unemployment. The market of temp and similar agencies has grown as well  in 2016. Legislation WWZ: the new Act (dealing with employment contracts , termination and severance, and unemployment benefits) has fully come into force. There has been much criticism on this Act from both employer and employee side. The main objections relate to a claimed lack of effectiveness to realize ‘flexible being less flexible but fixed less fixed’. The objective that more indefinite term employment contracts would be offered has certainly so far not been met. WWZ: case law shows a tendency that Courts adhere strictly to the new rules of law which create less room for equitable judgment. Performance related cases appear to be more difficult for employers to guide through the Court and employers seem to be working more with Performance Improvement Plans. The Courts seem generally reluctant to award a severance in addition to the ‘Transitievergoeding’ (transitional allowance).  Wet Arbeid Schijnconstructies (measures against sham employment arrangements). The 2nd part of this Act has come into force per January 1, 2016. It introduces obligations for employers to avoid displacement of workers coming from abroad (a clear payslip, payment through the bank, at least minimum wage). Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie These rules following European legislation deal with obligations to create minimum obligations for Dutch businesses with regard to foreign staff working in the Netherlands. Part of these rules have come into force per 9 December 2016, the other part is yet to come into force. Wet DBA: For independent contractors (‘zzp-er’ in Dutch) and those hiring them new tax rules have officially but not effectively come into force per 1 April 2016. The VAR-statement has been replaced by model contracts issued by the tax authorities or contracts submitted to the tax authorities for approval. Originally the Ministry allowed for a transitional period but recently, due to serious criticism, the effective coming into force by enforce the new rules has been suspended for an indefinite period. This leaves the market with an uncertain situation. Recent case law High Court 4 November 2016 [ECLI:NL:HR:2016:2356]: a wide-spread thought that payrolling services (traditionally the payroller serving as formal employer and dealing with the administrative side of employment, and the client dealing with hiring and setting the employee to work) are to be regarded as clearly legally different from what a temp agency provides (mostly the same as the payroller but also taking care of the hiring and replacement of an employee), is set aside by the High Court. Any distinction may be important given relevant rules in the law providing temp agencies (and also thus payrollers) and its employees a different legal position on a few subjects being pension, risk of salary payment, termination, and number of consecutive contracts.  NB: in view of the enormous number of temps this is an important decision giving a clearer view on the boundaries. High Court 23 December 2016 [ECLI:NL:HR:2016:2998]: under the scope of the new WWZ Act per 1 July 2015 it had become uncertain whether the Court could dissolve an employment contract under the condition that the employment contract still existed which would yet be decided later in Court proceedings. NB: the High Court has decided that such conditional dissolution is not against the law which is particularly important for the situation in which the employer terminates the employment contract for ‘compelling reasons’(‘dringende reden’ in Dutch) of which the employee has invoked the nullity. In that situation a Court may possibly many years later rule that the employment contract had not been validly terminated. The conditional dissolution then becomes effective retroactively. Appellate Court Arnhem-Leeuwarden 31 May 2016 [ECLI:NL:GHARL:2016:4214]: The Court rules that the employee has inadequately substantiated his claim for an ‘equitable compensation’ under the law. It was also unclear under which article in the law the employee claimed – two articles bearing the same denomination but requiring another type of judgment. Furthermore awarding such equitable compensation needs to be restricted (following legislative history on this new WWZ Act per 1 July 2015) to ‘exceptional cases of tortuous actions that qualify as clearly in contravention with proper employership duties’. NB: since the WWZ came into force numerous Court rulings have been issued.  No clarity yet has been provided on the height of the amount to be awarded under what circumstances.
General HR news The economy has strengthened in 2016. Inflation has been at its lowest in nearly 30 years, there is a small increase in GDP and unemployment has dropped below 500,000. The unemployment rate should be regarded with some scepticism since the number of independent contractors with no staff (generally referred to in the Netherlands as ‘zzp-er’) has exceeded 1 million now with a part undoubtedly seeking a low income alternative for unemployment. The market of temp and similar agencies has grown as well  in 2016. Legislation WWZ: the new Act (dealing with employment contracts , termination and severance, and unemployment benefits) has fully come into force. There has been much criticism on this Act from both employer and employee side. The main objections relate to a claimed lack of effectiveness to realize ‘flexible being less flexible but fixed less fixed’. The objective that more indefinite term employment contracts would be offered has certainly so far not been met. WWZ: case law shows a tendency that Courts adhere strictly to the new rules of law which create less room for equitable judgment. Performance related cases appear to be more difficult for employers to guide through the Court and employers seem to be working more with Performance Improvement Plans. The Courts seem generally reluctant to award a severance in addition to the ‘Transitievergoeding’ (transitional allowance).  Wet Arbeid Schijnconstructies (measures against sham employment arrangements). The 2nd part of this Act has come into force per January 1, 2016. It introduces obligations for employers to avoid displacement of workers coming from abroad (a clear payslip, payment through the bank, at least minimum wage). Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie These rules following European legislation deal with obligations to create minimum obligations for Dutch businesses with regard to foreign staff working in the Netherlands. Part of these rules have come into force per 9 December 2016, the other part is yet to come into force. Wet DBA: For independent contractors (‘zzp-er’ in Dutch) and those hiring them new tax rules have officially but not effectively come into force per 1 April 2016. The VAR-statement has been replaced by model contracts issued by the tax authorities or contracts submitted to the tax authorities for approval. Originally the Ministry allowed for a transitional period but recently, due to serious criticism, the effective coming into force by enforce the new rules has been suspended for an indefinite period. This leaves the market with an uncertain situation. Recent case law High Court 4 November 2016 [ECLI:NL:HR:2016:2356]: a wide-spread thought that payrolling services (traditionally the payroller serving as formal employer and dealing with the administrative side of employment, and the client dealing with hiring and setting the employee to work) are to be regarded as clearly legally different from what a temp agency provides (mostly the same as the payroller but also taking care of the hiring and replacement of an employee), is set aside by the High Court. Any distinction may be important given relevant rules in the law providing temp agencies (and also thus payrollers) and its employees a different legal position on a few subjects being pension, risk of salary payment, termination, and number of consecutive contracts.  NB: in view of the enormous number of temps this is an important decision giving a clearer view on the boundaries. High Court 23 December 2016 [ECLI:NL:HR:2016:2998]: under the scope of the new WWZ Act per 1 July 2015 it had become uncertain whether the Court could dissolve an employment contract under the condition that the employment contract still existed which would yet be decided later in Court proceedings. NB: the High Court has decided that such conditional dissolution is not against the law which is particularly important for the situation in which the employer terminates the employment contract for ‘compelling reasons’(‘dringende reden’ in Dutch) of which the employee has invoked the nullity. In that situation a Court may possibly many years later rule that the employment contract had not been validly terminated. The conditional dissolution then becomes effective retroactively. Appellate Court Arnhem-Leeuwarden 31 May 2016 [ECLI:NL:GHARL:2016:4214]: The Court rules that the employee has inadequately substantiated his claim for an ‘equitable compensation’ under the law. It was also unclear under which article in the law the employee claimed – two articles bearing the same denomination but requiring another type of judgment. Furthermore awarding such equitable compensation needs to be restricted (following legislative history on this new WWZ Act per 1 July 2015) to ‘exceptional cases of tortuous actions that qualify as clearly in contravention with proper employership duties’. NB: since the WWZ came into force numerous Court rulings have been issued.  No clarity yet has been provided on the height of the amount to be awarded under what circumstances.
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals Marc Vogel - tel.+31 20 3052042  Oranje Nassaulaan 53-2 1075AK Amsterdam, The Netherlands Cookie policy - Legal Disclaimer
Bi-monthly report of what’s going on February 2017
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The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals Marc Vogel - tel.+31 20 3052042  Oranje Nassaulaan 53-2 1075AK Amsterdam, The Netherlands Cookie policy - Legal Disclaimer
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The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten  tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals Marc Vogel - tel.+31 20 3052042 - Oranje Nassaulaan 53-2  1075AK Amsterdam, The Netherlands Cookie policy - Legal Disclaimer
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Sophialaan 19, 1010AA Amsterdam,  The Netherlands - Cookie policy - Legal Disclaimer
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Oranje Nassaulaan 53-2 1075AK Amsterdam, The Netherlands - Cookie policy - Legal Disclaimer
The Office is a free service that provides generic Dutch employment law information for international HR professionals in Holland and abroad. Any comments you may have you can send to marcvogel@theoffice.nl. If you require legal advice you may consider contacting me at my office at ARBOR advocaten tel. +31 20 3052042 or vogel@arboradvocaten.nl. The Office, Dutch employment law for HR professionals - Marc Vogel - tel.+31 20 3052042 - Oranje Nassaulaan 53-2 1075AK Amsterdam, The Netherlands - Cookie policy - Legal Disclaimer