Under Dutch law, an employment contract may be either oral or written.
Asylum seekers are given access to the Dutch labour market to find a job.
Although Dutch legislation allows asylum seekers access to the labour market, in practice it is extremely difficult for asylum seekers to find a job. Employers are not eager to hire an asylum seeker because of administrative obstacles and the limited duration of employment. The employment licence for asylum seekers (tewerkstellingsvergunning) is required by the employer before the asylum seeker can start working.
The procedure for obtaining the employment licence from the Dutch Employees Insurance Agency does not in practice take longer than 2 weeks, which is the period provided for by law.
For a fixed-term employment contract of 6 months or longer, one month is required and the employer has the obligation to inform the employee if the employment contract will be terminated or not (aanzegverplichting). Failure to notify the employee, the employee has the right to claim the salary for the period in violation up to a maximum of one month’s salary.
It must be set out in writing. In the case of an employment contract of indefinite duration, an employment contract of indefinite duration or an employment contract limited to two or more years, the trail period may not exceed two months. In the case of fixed-term employment contracts of more than six months but less than two years, the trail period may not exceed one month. The trail period should be of equal duration for both the employer and the employee.
The statutory notice periods for the employer under Dutch law are as follows:
The employee must observe a notice period of one month.
The Dutch legal system recognises 9 different legal forms for companies. The most popular and common legal forms are eenmanszaak, vennootschap onder firma (VOF) and besloten vennootschap (BV). These legal forms are associated with different levels of liability, regulations, taxes and administrative structures
Translated, it means “sole proprietor”. Very quick and easy to set up at the local Chamber of Commerce. There are no capital restrictions or other legal limitations involved. As the name suggests, the company consists of only one person, but can also employ people with only one owner. If the profit is small, the entrepreneur pays little tax.
A partnership between 2 or more partners who jointly own a business. The partners themselves are liable for the debts.
It is a legal entity, the liability of a company is separate from its owners. If the BV cannot meet its payment obligations, the creditor can only claim the assets of the BV unless other contractual agreements, such as a personal guarantee, have been made.