The employment agreement under Dutch law
An agreement will qualify as an employment agreement under Dutch law in case three key elements are applicable:
- wages (gross payment, taxes and social security will be withheld)
- the employer should exercise a certain degree of authority over the employee.
The aspect ‘authority’ leads often to discussion and distinguishes the employment agreement from a services agreement. It’s a thin line between authority ex article 7:610 DCC and instruction ex article 7:402 DCC.