Expat – Dutch employment law

To keep a residency status in the Netherlands, expats depend on work. Therefore, it is important to know what the expats rights are when the end of a working period or contract is communicated. Do expats have the same working privileges and protection as Dutch workers? How much time do expats have to get a new job? When an expat loses his or her job, do they also lose the 30% tax rule?

Expat rights

The employment laws of the Netherlands may apply even if the expatriate labour agreement has a choice-of-law clause. The employer should – in most cases- respect Dutch and international law. Dutch labour Law offer a high degree of protection for employees in the Netherlands.

The end to your right to reside in the country
When your permit to reside in a country is directly related to your employment in that country, ending the employment not only means losing the salary, but it may as well result in losing the right to reside in the Netherlands. If the expat doesn’t want to lose his/her residency in the Netherlands, he/she has to get a new working contract within three months after the end of your previous working contract, according to Dutch rules and regulations.

Tax benefits

The same period of a maximum of three months applies to a possible tax benefit of 30% that applies to you. If the gap between the last day on your previous work contract and the first date of your new contract is not more than three months, you can take the 30% tax rule with you to your new employer. Be aware in the case of garden leave: When you are not working, but are still being paid by your employer, the three months start on the first day of your garden leave or not working.

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