How Law & More helps international clients

Law & More advises international businesses, expats and foreign lawyers on Dutch law, in English, from our offices in Eindhoven and Amsterdam. Most questions we receive come down to four themes: which court and which law apply, how a contract works out under Dutch law, what Dutch employment law means for you, and what your stay in the Netherlands requires.

On this page we explain how we approach those questions and where Dutch law usually differs from what international clients expect. We do not advise on tax structuring or asylum, and we refer personal injury claims to a specialist; where those issues arise, we work alongside the right adviser.

Which areas of Dutch law do we cover for international clients?

We work in corporate and commercial law, employment law, civil litigation, real estate, energy law, criminal law and regular immigration law. Within those areas we handle both advice and court proceedings.

For businesses, that means for example setting up a Dutch company or branch, drafting and reviewing contracts, shareholder matters and disputes with customers or suppliers. For individuals, it often means an employment contract or dismissal, a residence permit for work, a tenancy or property purchase, or a family matter with a cross-border element. You can read more about our work for companies on our corporate law page.

Which court and which law apply to your case?

That is usually the first question in an international matter, and the answer determines the rest. Within the EU, jurisdiction follows from the Brussels I bis Regulation and the applicable law in contract matters from the Rome I Regulation.

Under Brussels I bis the main rule is that you sue a defendant in the member state where it is domiciled (Article 4). In contract matters you can also sue in the place where the obligation was to be performed (Article 7(1)), and parties can agree on a court in advance (Article 25). Consumers and employees have extra protection: as a rule, they can only be sued in their own member state.

Which law applies to a contract depends first on what the parties chose (Article 3 Rome I). Without a choice, a sales contract is governed by the law of the seller’s country and a services contract by the law of the service provider’s country (Article 4 Rome I). A choice of law does not remove all protection: employees who habitually work in the Netherlands keep the protection of mandatory Dutch employment law (Article 8 Rome I). We check these questions at the start, because a claim in the wrong court or on the wrong legal basis costs time and money.

What should you know about contracts under Dutch law?

Dutch contract law is flexible and places great weight on reasonableness and fairness (redelijkheid en billijkheid). A Dutch court looks not only at the words of a contract but also at what the parties could reasonably expect from each other.

That can surprise clients used to common law. Under Article 6:248 of the Dutch Civil Code (BW), a contract has the effects that follow from the law, custom and reasonableness and fairness, in addition to what the parties agreed. A contractual term can even be set aside if applying it would be unacceptable by the standards of reasonableness and fairness. Dutch law also has no requirement of consideration: a promise can be binding without a counter-performance.

General terms and conditions deserve particular attention. The user must give the other party a reasonable opportunity to read them, usually by providing them before or when the contract is concluded, otherwise the other party can annul unreasonably onerous clauses (Articles 6:233 and 6:234 BW). If both parties refer to their own general terms (a battle of forms), Dutch law in principle applies the first reference, unless the second party expressly rejects it (Article 6:225(3) BW).

Some transactions require a civil-law notary. A Dutch private limited company (BV) is incorporated by notarial deed, shares in a BV are transferred by notarial deed (Article 2:196 BW), and real estate is transferred by a notarial deed registered in the public registers. We prepare the underlying agreements and work with the notary on the deed.

How does Dutch employment law differ for international employers and employees?

The biggest difference is dismissal protection. Dutch law does not let an employer dismiss without a reason: an employer can only end a permanent contract with permission from the Employee Insurance Agency (UWV), a decision of the subdistrict court (kantonrechter), or with the employee’s consent.

Dismissal requires a reasonable ground, such as economic reasons, long-term sickness or poor performance with a proper improvement process (Article 7:669 BW). When the employer ends the contract, the employee is in principle entitled to a statutory transition payment (transitievergoeding). Many terminations are therefore agreed in a settlement agreement (vaststellingsovereenkomst), which the employee can revoke within fourteen days of signing.

Other points often catch international employers out. A non-compete clause must be agreed in writing, and in a fixed-term contract it is only valid if the employer states in writing why it is needed for substantial business interests (Article 7:653 BW). Employees who are sick continue to receive at least 70 percent of their wage for up to two years. A company with 50 or more people working for it must set up a works council, which has rights of advice and consent on important decisions. We advise employers on contracts, reorganisations and dismissals, and employees on their position and on the terms of a settlement.

What does your stay in the Netherlands require?

Citizens of the EU, the EEA and Switzerland do not need a residence permit to live and work in the Netherlands, although they must register with the municipality. Most other nationals need a residence permit from the Immigration and Naturalisation Service (IND), and often a work permit or a sponsor.

For highly skilled migrants, the employer must be recognised by the IND as a sponsor, and the salary must meet the applicable threshold. Other routes include the permit for self-employed persons, for intra-corporate transfers and for family members. The conditions and current amounts are published on the IND website. We assist with applications and objections in regular migration matters, and we advise employers on their obligations as sponsors. We do not handle asylum cases.

What happens if you end up in a dispute?

We first look for a solution without court proceedings, but we prepare every case as if it may go to court. A good file and a realistic assessment of your position are the best basis for negotiation.

If proceedings are needed, Dutch courts in principle work in Dutch. Documents in English are often accepted as evidence, but the court can ask for a translation. For international commercial disputes, parties can agree on the Netherlands Commercial Court (NCC), which hears cases in English. Arbitration is another option if your contract provides for it. Foreign documents often need an apostille under the Hague Apostille Convention before a Dutch authority will accept them. Judgments of Dutch courts can be enforced in other EU member states without a separate procedure, under the Brussels I bis Regulation.

What should you prepare for a first conversation?

A short written summary of the facts and the documents that matter. That allows us to give you a first assessment quickly.

For a contract dispute, that means the contract, the general terms and conditions, the relevant correspondence and any invoices. For an employment matter, bring your employment contract, any collective labour agreement that applies, recent payslips and the letters or e-mails about the issue. For a residence matter, have your passport, the decision or letter from the IND and documents about your employer or family situation at hand. Note any deadlines: a letter from the court, a bailiff or a government authority often contains a period within which you must respond, and in Dutch law some of those periods are short. Two examples are the fourteen-day period to revoke a settlement agreement and the six-week period to object to most government decisions.

How do we work with international clients?

We work in English as a matter of course, and several members of our team also speak other languages. You will have a fixed contact person who knows your file.

At the start we explain which Dutch rules apply, which options you have and what the steps and risks are, in plain language rather than legal jargon. We tell you where Dutch law differs from the system you know. Where your matter involves another country, we coordinate with lawyers there. And where an issue falls outside our practice, such as tax structuring, we say so and involve a specialist.

Many of our international clients are based in the Brainport region around Eindhoven or in Amsterdam, but we also work for clients who are abroad and have a legal issue in the Netherlands. Meetings can take place at our offices or online.

In summary

• We advise international businesses and individuals on Dutch law in English, from Eindhoven and Amsterdam.
• Within the EU, Brussels I bis determines which court has jurisdiction and Rome I which law applies to a contract.
• Dutch contract law gives great weight to reasonableness and fairness, and some transactions require a civil-law notary.
• Dutch employment law offers strong dismissal protection; dismissal requires a reasonable ground and permission from the UWV or the court, or the employee’s consent.
• Non-EU nationals usually need a residence permit from the IND; we assist in regular migration matters.

Frequently asked questions

You can find more about our team on Law & More, or contact us directly to discuss your matter.

Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.