Moving your peopleto your own BV.
In most cases the employment transfers automatically under Dutch transfer rules, which keeps service, terms and accrued holiday intact. Teamed plans the date and runs both payrolls through the change.
Two routes, one of them worse
How do people move from an employer of record to your BV
There are two ways to do this and they are not equivalent, whatever a spreadsheet says. One preserves everything your people have built up. The other quietly throws it away.
The Netherlands applies the European transfer of undertakings rules through its Civil Code. Where they apply, the employment moves to the new employer automatically, on the same terms, with continuous service intact. Nobody resigns and nobody is rehired.
The alternative is to end the employment and start a new one. It is faster to arrange, which is why it gets chosen, and in Dutch employment law it is an expensive thing to do casually.
Why continuous service is the whole argument
Dutch employment protection is built around length of service, and breaking the chain hands it back.
Statutory compensation is calculated from service. Start somebody again at zero and years of accrued entitlement disappear.
Dutch law limits how many fixed-term contracts can run before one becomes permanent. Service history feeds that count, and resetting it is not always to your advantage.
What moves and what does not
What actually transfers
Where a transfer applies, the terms move with the person. Salary, notice, holiday entitlement, accrued but untaken holiday, contractual benefits and the original start date all carry over, and so do liabilities that existed the day before.
The Netherlands adds two things worth planning for. The statutory holiday allowance, the vakantiegeld, accrues through the year and is normally paid in May, so a mid-year transfer needs the accrued portion dealing with explicitly rather than assumed. And pension arrangements are treated differently from the rest of the package, particularly where an industry-wide scheme applies, so that needs checking before the date rather than after it.
Where a works council exists, it has to be consulted. That is a process with its own timeline, not a notification you can issue the week before.
Timing
Pick the date around payroll, not around the paperwork
The cleanest transfer lands on the first day of a month, because Dutch payroll and payroll tax filings run monthly. A mid-month move means two employers each filing a part period, which is where errors and double payments come from.
Confirm the BV can employ
The company exists, it is registered for payroll taxes, a pension arrangement is settled and the bank account can pay salaries.
Consult, where a works council exists
This has its own timeline. Start it early rather than discovering it is a blocker two weeks out.
Mirror the terms
Contracts on the same terms with the original start date carried over, and the holiday allowance position agreed in writing.
Transfer on the first of a month
The old payroll closes, the new one opens, and holiday balances carry across as they stood the night before.
Check every payslip by hand, once
Payroll tax credits and cumulative figures are where errors surface, and they are far cheaper to fix in month one.
Worth saying plainly
This is the step where doing it cheaply costs the most
A resign and rehire can be arranged quickly and looks like a saving. In a country where the transition payment is calculated from length of service, it is among the most expensive shortcuts available, and the cost lands on your people.
If your timeline is too tight to do this properly, the better answer is usually to stay where you are for another quarter and move cleanly.
Teamed's employer of record in the Netherlands is a flat €560 per employee per month, with zero FX mark-up in any currency pairing and one invoice at the end of it. Contractors, employer of record and your own entity all run on one platform, so moving between them later does not mean changing provider or re-onboarding anybody. Real HR and legal experts handle the work, not a ticket queue.
Talk to a member of the team and we will tell you plainly which one suits where you are. If you would rather look at the numbers yourself first, the crossover calculator models it for the Netherlands.
Who carries it
Your own entity, when it's time. We set it up, migrate you in, and hand it back intact.
Global Entity and Employment Operations, which we call GEMO, is how Teamed forms your company, registers it for corporation tax and payroll, runs it month to month and keeps its filings current, across 100+ countries. You stay the employer. We do the work behind it.
In the Netherlands that matters a little more than elsewhere, because Teamed employs through its own local entity rather than a partner. The people who would run your company are the people already running ours.
They set up our EU entity and moved hires across without missing a payroll.
Questions
Questions about moving people across
Do employees have to agree to the move?
Where the transfer rules apply the employment moves automatically, so it does not depend on each person agreeing. They do have to be informed, and a works council consulted where one exists.
Does their start date change?
No. Continuous service carries across, so the original start date stays. In the Netherlands that matters because the transition payment is calculated from it.
What happens to the holiday allowance?
The vakantiegeld accrues through the year and is normally paid in May, so a mid-year transfer needs the accrued portion dealt with explicitly rather than assumed.
What about pensions?
Pension arrangements are treated differently from the rest of the package, and an industry-wide scheme may apply. Check before setting a date.
Can we change terms at the same time?
Changing terms because of the transfer is the thing these rules exist to prevent. Changes need a reason of their own and, usually, agreement.
Sources
- Burgerlijk Wetboek, transfer of undertaking and employee rights
- Dutch statutory transition payment and length of service
- Belastingdienst, payroll tax registration for employers
The rest of the the Netherlands guides
Looking for a job in Moving From Eor To Your Own Entity yourself? Teamed does not hire people directly. Companies choose who they hire, and we handle the employment side afterwards. Here is why we cannot help with your search.
