Netherlands
What companies hiring in the Netherlands without a local entity need to know about employer of record, labour supply and contractors.
Draft guide awaiting expert review. Not yet reviewed.
At a glance
- Currency
- Euro (EUR)
- EOR model
- Usually treated as labour supply under the Waadi
- Staffing providers
- Must be registered; a new admission system is being introduced
- Contractor test
- Authority, personal performance and pay (DBA)
- Employer costs
- About 25% including the 8% holiday allowance (sample rate)
- Holiday allowance
- At least 8% of gross salary
- Annual leave
- At least four times the weekly working hours
- Minimum wage
- Set per hour and updated every January and July
Employer of record
When a provider employs someone who works under your direction, Dutch law usually treats it as labour supply (terbeschikkingstelling van arbeidskrachten).
The provider must be registered for this in the Trade Register, and collective agreements for agency work often apply.
Waadi, art. 7a
Labour supply rules
Supplied workers are entitled to pay comparable to your own staff, subject to collective agreements.
A new mandatory admission system for staffing providers is being introduced, so check its current status before choosing a provider.
Waadi, art. 8; Wtta
Contractors
Courts weigh authority (a relationship of subordination), personal performance and pay, looking at all the facts.
The tax authority resumed enforcement of the DBA rules in 2025, so back-taxes and contributions are a live risk.
Art. 7:610 Burgerlijk Wetboek; Wet DBA
Permanent establishment
A fixed place of business, or a dependent agent concluding contracts for you, can create a Dutch permanent establishment (vaste inrichting).
The tax treaty with your home country decides the final position. An EOR employs the worker but doesn’t remove your own exposure.
Dutch corporate income tax rules; applicable tax treaty
Right to work
EU, EEA and Swiss citizens can work without a permit. Others usually need a single permit for residence and work, a separate work permit, or the highly skilled migrant route through an IND-recognised sponsor.
Employers must check ID, keep a copy in the payroll records, and can be fined per worker for illegal employment.
Wet arbeid vreemdelingen (Wav)
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