Rouhling on absorption

Questions and Answers > Category: High qualified imigrant / kennis migrant > Rouhling on absorption

Dominic 3 years ago

Good evening.
Question about the rights of the CM and taxiing under the following conditions:
– KM works in company No. 1 (first job in NL), which has the right to hire employees with 30% management; those. KM received ruling;
– part of company No. 1 is sold to company No. 2, which currently does not have the right to hire employees with 30% management, but has submitted documents for registration;
Questions:
1) Does the CM have the right to refuse to move to company # 2 and keep his job at company # 1?
2) in the article business.gov.nl/regulation/takeovers-and-employee-rights/ it is said that an employee can refuse to transfer with termination of the contract. If the CM goes this way, refuses to transfer, the contract is terminated and the employee leaves for his home country, will he be able to get ruling if he finds a job in NL, for example, in a year? What are the taxiing rules in this case?
Thank you in advance.

1 response

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Nalog.nl Admin 3 years ago

Hello Dominic, thanks for the question.

Selling a company or part of a company by default does not mean that your employer is changing. This usually happens through a change in the owner of the shares (shares), which does not in any way affect the concluded labor contracts. In your case, apparently, we are talking about the re-registration of activities, including personnel, to a new legal entity. Changes to the contract, including the change of employer, must be carried out with the consent of the employee. If you have no prejudice against employment with a new employer, but he is not yet eligible to hire you due to the lack of IND sponsor status, it is advisable to use the services of an external payroll company. This is a widespread practice.

Answers on questions:
1. We do not have sufficient information about your situation, but, by default, you are not obliged to change employers against your will. Consider a temporary payroll company.
2. With a new job in the future, you will again be eligible for a tax return (within the remaining period of validity), provided that you have lived outside the Netherlands (more than 150 km from the border) for more than 16 months in the 2 years preceding the new employment.

Regards, Nalog.nl Team