Guide to Relocate your non-EU Employee to Your Dutch Branch Office

For those aiming to employ staff in the Netherlands or become an employer in the Netherlands, understanding the intricate dance of relocation, compliance, and local employment laws is paramount. Relocation of employees not only entails logistical considerations but also mirrors a company’s commitment to its workforce, highlighting the necessity of adopting best practices for employee relocation that align with both employee welfare and corporate objectives.

This comprehensive guide illuminates the steps involved in relocating employees to your Dutch office, including navigating visas and work permits, ensuring employee eligibility for relocation, and managing payroll staff in the Netherlands effectively. Furthermore, it dives into the support services for employees, clarifies the employer’s role in the relocation process, and explores tax incentives and employee benefits such as the 30% ruling, laying down a blueprint for successfully integrating and maximizing the potential of your international workforce in alignment with the best practices for employee relocation. Through this guide, enterprises can confidently stride toward establishing a productive and compliant international outpost, ensuring a seamless transition for their valued employees.

Understanding Visas and Work Permits

Navigating the complexities of Dutch immigration laws is crucial for employers aiming to relocate or hire non-EU employees. This section outlines the essential visa and work permit requirements, the types of permits available, and insights into efficient employee relocation strategies.

Requirements for Non-EU Employees

Non-EU employees must secure a work permit, known as a tewerkstellingsvergunning (TWV), to legally work in the Netherlands. For stays longer than 90 days, a combined residence and work permit (GVVA) is required. Employers must demonstrate that no suitable EU candidates are available, fulfilling stringent conditions to secure these permits.

Types of Work Permits and Their Benefits

The GVVA and TWV cater to different employment durations and conditions. The GVVA is advantageous for long-term employment, simplifying the bureaucratic process by combining work and residence permits. For short-term employment, under 90 days, a TWV suffices. Recognized sponsors benefit from expedited application processes, making it desirable for employers to obtain this status.

How House of Companies Can Help You Relocate Your Staff

House of Companies streamlines the relocation process by offering expert guidance on establishing legal entities and navigating Dutch employment laws. By assisting with business registration and compliance, they empower employers to focus on core business activities without the bureaucratic hassle.

How EOR Such as Deel.com Are Very Expensive, and Registering Your Business as Local Employer Is Much Cheaper (and Gives More Control)

Employing through an Employer of Record (EOR) can be costly and offers less control over employment terms. Conversely, setting up a local entity, though initially demanding, results in significant cost savings and greater managerial control. This approach not only aligns with financial prudence but also enhances operational flexibility in the Dutch market.

Employee Eligibility for Relocation

Determining employee eligibility for relocation to the Netherlands hinges on several factors including nationality, job role, and compliance with specific immigration requirements. Here’s a breakdown of the criteria:

Criteria Based on Job Tenure and Salary

Employees must meet certain salary thresholds to qualify for different types of visas. For instance, highly skilled migrants under 30 years need a gross monthly income of at least €3,672, whereas those over 30 require €5,008. These figures exclude holiday pay but include other bonuses and reimbursements. The job tenure and the nature of the employment contract also play critical roles in determining eligibility.

Highly Skilled Migrants and the EU Blue Card

For highly skilled migrants, securing a residence permit involves having an employment contract that meets the income requirements and is valid for at least one year. The EU Blue Card, another option for highly educated non-EU nationals, demands a higher salary criterion and a minimum of five years relevant work experience or a suitable higher education diploma. This permit facilitates easier application for long-term EU residency and employment across the EU.

The ICP Scheme as Most Popular Option for Multinationals (or Companies with a Branch in the Netherlands)

Multinational companies often opt for the Internal Compliance Programme (ICP) when relocating employees. This scheme requires detailed internal protocols to ensure compliance with Dutch and EU regulations. The ICP is crucial for companies applying for global export licenses and is tailored to the specific needs of the business, ensuring that all legal requirements for employee relocation are meticulously followed.

Steps for Relocating Employees

Securing Necessary Documentation

The relocation of employees to the Netherlands begins with gathering the required documents. Employers must ensure that all paperwork, tailored to the specific type of visa or permit needed, is complete and accurate. For intra-company transfers, documentation requirements differ from those for hiring highly skilled migrants. It is crucial to consult with immigration specialists to confirm that all necessary documents are prepared, including passports, employment contracts, and proof of qualifications.

Application Process for Work Permits and Visas

Once documentation is secured, the application process for work permits and visas commences. Non-EU employees typically require a Tewerkstellingsvergunning (TWV) for short stays or a Gecombineerde vergunning voor verblijf en arbeid (GVVA) for longer durations. Applications must be submitted to the Dutch government, which assesses them based on labor market needs and the applicant’s qualifications. For highly skilled migrants, the process involves securing a residence permit under the Highly Skilled Migrant scheme, which necessitates meeting specific income thresholds and having a job offer for highly qualified work. Employers should ensure applications are complete and submitted promptly to avoid delays.

Additional Considerations and Tips

Addressing Potential Challenges

Relocating employees to the Netherlands involves navigating various challenges that can impact the integration and satisfaction of international workers. Language barriers, for instance, can hinder effective communication and collaboration within the workplace. Employers should encourage and facilitate language learning through resources like online platforms, language schools, and community education centers. Additionally, adapting to the Dutch work culture, which values directness and work-life balance, requires international employees to be open-minded and observant. Employers can aid this transition by providing cultural training and encouraging mentorship from experienced colleagues.

The Dutch bureaucracy also presents a significant hurdle, especially for non-EU employees who must navigate complex processes for work permits and visas. Employers can streamline this experience by offering clear guidance and support through these administrative tasks, ensuring that employees feel well-informed and less overwhelmed.

Tips for Smooth Relocation

To ensure a smooth relocation process for employees moving to the Netherlands, start preparations early. This includes handling immigration procedures, securing housing, and assisting with schooling for employees’ children. Employers should adopt a flexible approach to relocation timelines and be prepared to support temporary housing or extended search periods for suitable accommodation.

Offering competitive salaries that align with the local housing market is crucial, as landlords typically require proof that the rent does not exceed a certain percentage of the monthly income. Additionally, registering employees promptly upon their arrival helps in obtaining necessary documentation like the BSN (Burgerservicenummer), which is essential for a wide range of administrative functions in the Netherlands.

By addressing these challenges and providing practical support, employers can significantly enhance the relocation experience for their employees, ensuring a successful integration into the Dutch workplace and society.

Conclusion

Through this guide, the multifaceted approach required for successfully relocating employees to the Netherlands has been meticulously unravelled, providing a foundational understanding of the necessary legal, logistical, and cultural considerations. From navigating the complexities of Dutch immigration laws to ensuring a smooth integration into the local culture and workplace, the guide underscores the importance of detailed planning and execution. It offers a snapshot of the critical mechanisms businesses need to engage with to harness the full potential of their global workforce in the Dutch context, highlighting the benefits of efficient employee relocation strategies, and the significant cost and managerial advantages of setting up a local entity.

In light of the challenges and opportunities outlined, it’s clear that the journey towards establishing a productive and well-integrated international team in the Netherlands requires expertise and support. Employers looking to streamline this process, ensuring compliance with local laws and fostering a positive employee experience, may find invaluable assistance by choosing to Contact House of Companies. Doing so can relocate your staff to the Netherlands, or another EU country, in the simplest and cheapest manner possible, removing barriers to entry in the European market. Such initiatives not only enhance the relocation experience for both employer and employee but also contribute substantially to the success and growth of the company on a global scale.

Income and Salary Requirements

Minimum Salary Levels

For relocating employees to the Netherlands, understanding the minimum salary levels is crucial. The gross Social Security salary (SV salary) varies depending on the inclusion of holiday allowance. Without holiday allowance, the SV salary is approximately €2,133.60 per month, which increases to €2,304.29 with holiday allowance included. This SV salary forms the basis for wage tax and national insurance contributions calculations, crucial for unemployment, sickness, and incapacity work benefits.

Specific Salary Requirements by Permit Type

Different residence permits in the Netherlands have distinct income requirements. For highly skilled migrants, the salary threshold varies by age: those under 30 must earn at least €3,909 per month, while those 30 or older need a minimum of €5,331. The European Blue Card demands a higher minimum of €6,245 gross per month. For other permits, such as the essential start-up personnel permit, the required gross income is around €2,543 per month without holiday allowance.

Navigating these salary requirements ensures compliance with Dutch immigration laws and supports the successful relocation of international employees to your Dutch office.

Employer’s Role in the Relocation Process

Application Submission and Sponsorship

The Dutch employer plays a pivotal role in the relocation process, particularly in the application and sponsorship of work permits and visas. To bring highly skilled migrants to the Netherlands, an organization must be recognized as a sponsor by the Immigration and Naturalization Department. This status allows the use of a fast-track procedure, simplifying and expediting the application process. Employers must ensure that they meet all the required conditions for sponsorship, which includes providing potential candidates with necessary information about the conditions for admission and residence in the Netherlands.

Responsibilities and Legal Obligations

Employers are legally bound to secure proper work authorization for their employees prior to their relocation. Failure to comply with Dutch immigration laws can lead to severe penalties, including fines or even imprisonment. It is crucial for employers to perform thorough immigration checks and ensure that all documentation is correct and up-to-date. Partnering with experienced mobility specialists can help manage the relocation process efficiently, ensuring compliance with all local employment laws and regulations. This includes handling work eligibility and authorization checks, sponsorship of employee work visas, and maintaining ongoing compliance with employment laws and tax practices.

Support Services for Employees

Housing Assistance

In the Netherlands, employees relocating for work can benefit from housing assistance, known as “huurtoeslag” or rent allowance. This support is particularly valuable for those with lower incomes, making the cost of living more manageable. To qualify, one must rent a self-contained home, which includes private kitchen and bathroom facilities. The eligibility for housing allowance depends on factors like basic rent, income, and savings. For instance, individuals younger than 23 have a rent and service cost cap of €454.47, which increases to €879.66 for those older or with children. Applications for this allowance can be made through the MijnToeslagen website of the Dutch Tax Service Office, using a DigiD to log in. It’s crucial to keep personal details and income estimates updated annually to continue receiving this benefit.

Cultural Adjustment and Language Courses

Supporting employees in cultural and language adaptation is essential for a smooth transition. Employers should facilitate access to Dutch language courses and cultural training, which can be crucial for understanding local customs and integrating into the workplace. Options range from online platforms to intensive in-person courses, tailored to meet the needs of the individual or their family. For non-EU nationals, passing the civic integration exam, which includes Dutch language, history, and culture, is often mandatory. Comprehensive cultural training covers practical aspects of living and working in the Netherlands, helping employees and their families adjust to new social and professional environments.

Tax Incentives and Employee Benefits

The 30% Ruling

The 30% ruling is a significant tax incentive for highly skilled migrants moving to the Netherlands. It allows employers to offer up to 30% of an employee’s salary tax-free for the first five years, with the benefit decreasing over time—30% for the first 20 months, 20% for the next 20 months, and 10% for the final 20 months. This scheme is designed to cover the higher cost of living and other expenses incurred by expatriates. To qualify, employees must meet specific conditions such as possessing unique skills scarce in the Dutch market, and the application must be agreed upon in writing between the employer and the employee. Additionally, applicants must submit their application within four months of employment commencement for retroactive effect.

Additional Financial Benefits for Employees

Besides the 30% ruling, other financial benefits include a tax-free allowance of €7,750, intended to aid with relocation costs at the beginning and end of an employment contract. This allowance is particularly beneficial for mitigating the expenses associated with moving and settling into a new country. Furthermore, expatriates can benefit from a partial non-resident taxpayer status, allowing them to be exempt from paying income tax on foreign assets and savings until the end of 2026. This status, however, is set to be phased out starting January 2025, with a transitional period in place. Another notable benefit is the exemption from the Dutch driving test for expatriates and their families under the 30% ruling, simplifying the process of obtaining a local driving license.

Handling Payroll and Taxes

Setting Up a Payroll System

When setting up a payroll system for Dutch employees, it’s crucial to register with the Dutch Tax and Customs Administration to obtain a Dutch fiscal number. This step is essential for withholding taxes from employee wages. Companies with a subsidiary in the Netherlands also need to subscribe to the Chamber of Commerce (KVK). Employers must carry out an identity check and ensure that employees have a valid citizen service number (BSN). Payments to employees and authorities can be made from a foreign bank account, although setting up a local bank account is optional.

The Netherlands operates a PAYE-system (Pay As You Earn), requiring employers to deduct and withhold income tax from employees’ wages, considering personal allowances. The withheld amounts must be remitted to the local tax authorities monthly, usually by the end of the month following the pay period. Employers also need to file an annual work-related cost scheme (WRCS) declaration, reporting all benefits and allowances granted to employees.

Understanding Dutch Taxation for Relocated Employees

Dutch taxation for relocated employees involves several key aspects. The maximum annual salary cap for employer contributions is €66,956, with employee insurance contributions also capped at this figure. Employers contribute 6.68% of the employee’s base salary towards the Healthcare Insurance Act, payable to the Dutch Tax Department. All medical and other insurance allowances are taxable benefits.

Income in the Netherlands is taxed at progressive rates, with two brackets: up to €73,031 at 36.93% and above €73,031 at 49.50%. Residents are taxed on their worldwide income, and certain nonresident individuals with Dutch income are treated as limited national taxpayers, entitling them to some tax credits.

Social security contributions total 27.65%, covering old age, death, long-term disability, certain medical expenses, and child benefits. The AOW contribution ends at age 67, and contributions are levied on income up to €37,149. Dutch residents and employees subject to Dutch wage tax must have statutory health insurance, with the employee contribution approximately €1,421 annually.

For expatriates, the 30% ruling allows employers to offer part of the salary tax-free, intended to cover the higher cost of living. This tax regime is applicable for up to five years, provided certain conditions are met.

FAQs

What are the rules for tax-free relocation allowances in the Netherlands?
In the Netherlands, employees who need to move for work purposes can receive a tax-free reimbursement for their relocation expenses. The tax-free allowance can go up to 12% of the annual salary, with a cap of €5545.

Can you describe the working culture in Dutch companies?
Dutch working culture is characterized by a flat organizational structure, where higher-ups often work closely with junior staff on a daily basis. Everyone is typically on a first-name basis, reflecting a flexible and sometimes non-hierarchical approach, even towards clients.

What is required for an American to work in the Netherlands?
To work in the Netherlands, an American needs an employment contract with a Dutch employer and must obtain a Single Permit, which combines permission for residence and work. This is necessary for paid work or work experience, except when part of an EU action program. The application, along with required documents, should be submitted to the Immigration and Naturalisation Service (IND).

How is employee relocation typically handled by companies?
Companies usually support employee relocations by providing a relocation package. This package might be a fixed-rate lump sum to cover moving expenses or a tiered relocation model that varies based on distance or job position. Some companies offer uniform relocation incentives irrespective of these factors.