What is the Society for Worldwide Interbank Financial Telecommunication (SWIFT)?

With remote work options increasing worldwide, companies are no longer limited to the talent in their own backyard. More and more businesses are realizing the benefits of building global teams. But it’s much easier to pay local employees than employees across the globe.

SWIFT is one of many tools available that can help you manage payroll. But what is SWIFT, and how does it work with international payroll?

This article will provide you with the basics of what SWIFT is, how it works, and when it may help your global team.

The Society for Worldwide Interbank Financial Telecommunication, or SWIFT, is a member-owned group that provides secure financial communications for members. SWIFT uses their global messaging platform to facilitate global financial transactions, including payments to international employees and contractors.

More than 10,000 banks in 200 countries use the SWIFT network to complete financial transactions. SWIFT communications facilitate more wire transfers than any other network.

SWIFT is a messaging platform through which banks send information about transactions. The banks themselves carry out the transactions. When you use an international wire transfer to pay an employee, your bank sends data about the transfer to the receiving bank using SWIFT codes.

If your bank doesn’t have an existing relationship that enables them to transfer funds to that bank directly, then one or more intermediate financial institutions may be involved. For example, your bank, Bank A, talks to Bank B, who talks to Bank C, who talks to the final destination, Bank D.

Think of it like stepping stones across a river. You might not be able to jump from one side to another, but you can make several small jumps to complete the distance. SWIFT connects the stones so transactions, like those from employers to employees, are processed.

A SWIFT code is a unique code used to identify an individual institution involved in a transaction through the SWIFT network. Each code is composed of either eight or 11 characters:

The first four characters refer to the institution.

Characters five and six refer to the country.

Characters seven and eight refer to the city.

When used, characters 9-11 refer to a specific branch of that bank.

SWIFT codes may also be called a Bank Identifier Code (BIC), a SWIFT ID, or an ISO 9362.

Unless you are a financial institution initiating or receiving SWIFT communications, you do not need a SWIFT code. However, if you are paying your workers via international wire transfers, you will need to know the SWIFT codes of the banks involved.

SWIFT is used by many banks and financial institutions, as well as brokers and others. If you are paying workers or contractors abroad via international wire transfers, then SWIFT would be useful.

SWIFT provides members with a dashboard to view and manage their transactions. If your bank plans to pay your employees using SWIFT, you need to gather the appropriate information as well as process, track, and manage your payroll. 

Outsourcing payroll may be able to handle SWIFT payments for you. That way, you can focus on delivering value to your clients rather than on micromanaging payroll.

You will need the following basic information for a SWIFT transaction:

The name and address of the receiving bank

The recipient's account number or IBAN (International Bank Account Number)

Incorrect SWIFT codes or other information can delay processing, which can mean workers don’t get their payments on time. This can have consequences if the delay violates the employment contract or local statutes.

What’s the difference between SWIFT codes and routing numbers?

Routing numbers and SWIFT both identify specific institutions and are used in financial transactions. However, they are not the same.

A SWIFT code is an eight- or 11-character code composed of letters and numbers that refers to an institution within the SWIFT network. A routing number is a nine-digit code composed of numerals that identifies a specific US bank.

SWIFT is member-owned. Members pay a one-time initial fee and then annual fees thereafter. However, your bank or financial institution may charge fees and exchange rates on individual wire transfers.

We know that SWIFT is used to process global payments, but where does it fit into a larger suite of global payroll tools?

How is SWIFT used to pay global employees?

If you don’t have a local legal entity, you can’t directly use SWIFT to pay your global employees and contractors. However, if you use an Employer of Record (EOR) partner, they can collect the necessary data and initiate transactions for you.

What’s the best way to pay international employees?

There are many ways to pay remote workers, including checks, ACH transactions, and wire transfers via SEPA or SWIFT. The right choice for your situation depends on several factors, including the currency and the location of participating parties.

If your workforce is fully distributed, you may have several different ways of compensating employees. Remote’s Guide to Managing Global Payroll has more information on paying international employees.

When is an employer of record the safest way to manage global HR?

Without a local legal entity, you cannot employ workers in a different country. The costs of setting up a local legal entity can be significant, and completing the process may take weeks, months, or even longer. Depending on how many workers you want to hire, these costs may not make sense for you.

But you still have options. An employer of record (EOR) allows companies to employ workers in other countries without having to open legal entities first. However, not all EORs operate the same way. Your EOR partner should be able to help you stay compliant with labor laws and statutes, as well as provide you with advice on the classification status of your employees.

Beyond payments, EORs can provide a wide variety of services for international teams. A robust EOR partner can help you:

Remain compliant with local statutes wherever your workers live

Put together a competitive benefits package specific to where your team lives

Onboard your employees to ensure a seamless experience

SWIFT and your EOR help grow your global workforce

Business in 2021 is global, and with that international reach comes with a sea of complexity. SWIFT communications are an important part of many international payroll toolkits.

Of course, your workers need more than just paychecks. The right partner can help you provide a first-class experience for your global team. With Remote, you can sign up in minutes to begin onboarding international employees and contractors right away.

SWIFT is one of many tools available that can help you manage payroll. But what is SWIFT, and how does it work with international payroll? This article will provide you with the basics of what SWIFT is, how it works, and when it may help your global team.

What is SWIFT, and why does it matter for international payroll?

Terminating an employee is not a pleasant experience. As an employer, the last thing you want on your hands is a disgruntled worker who has been terminated unfairly. As much as you want to avoid this situation, though, you need to plan for the worst-case scenario. That starts with understanding the rights and obligations of both parties involved.

If you’ve read our guide on leave entitlements in the Netherlands, you know Dutch labor laws are friendly to employees. Accordingly, the Dutch termination process begins long before the news is broken to the employee. In this guide, we outline what you should know before considering termination and the type of termination that is appropriate for each use case.

Legal reasons to terminate a Dutch employee

In the Netherlands, there are six ways to terminate an employee: 

Dissolution of the employment contract by court ruling

Dismissal-based permission from the Public Employment Service (PES)

Dismissal during the probationary period 

Expiration of a definite employment contract 

An employer is within their right to terminate an employee’s contract immediately in the case of gross negligence in the performance of duties, theft, damage of property, or physical violence. These are classified as “urgent reasons” and allow employers to take swift action.

If an employee violates clearly communicated company regulations, such behavior can result in summary dismissal. The employer must still communicate the reason for dismissal in writing to the employee. 

It is not uncommon for an employee to contest this type of dismissal in the subdistrict court. Forward-thinking HR teams point to the importance of “clearly communicated company regulations” in such cases. There is some subjectivity in this classification, but you can reduce uncertainty with well-documented processes. 

In some situations, the employer can ask the cantonal court to dissolve the employment agreement on reasonable grounds. The court can rule in favor of a dismissal based on the following: 

There are strict rules that apply when dismissing an employee because of underperformance. For one, the employer must document in detail the steps that have been taken to guide the employee towards improved performance. An employee’s illness cannot be used as a justifiable reason for underperformance. It is advisable to document performance evaluations and give the employee sufficient time to improve their performance. If it is also not possible to move the employee to another role within the company, then the court may grant approval for dismissal based on underperformance. 

What constitutes non-permissible conduct needs to be communicated to the employee before it can be used as a valid reason for dismissal. A handy way to do this is to have clear guidelines outlined in the company’s handbook. 

When there’s a strong difference in opinion, a clash of personalities, or a specific incident that puts a permanent strain on the working relationship, this can result in a fair termination. The first course of action is to seek a resolution through mediation. If the issue cannot be resolved, a disrupted relationship can be a valid ground for dismissal. 

If an employee’s ongoing absence from work due to an illness is heavily impacting the company, the court can rule in favor of dismissal. The employer will be expected to demonstrate that operations are impacted because it’s impossible for the employer to have the employee’s workload covered..

When an employee refuses to work for conscientious reasons, the two parties must first attempt to arrive at a solution together. If resolution proves impossible and the employee’s absence harms the company’s operations, the employer can apply for dismissal.

Terminating an employee in the Netherlands sometimes requires permission from the Public Employment Service (PES), also known as “Uitvoeringsinstituut Werknemersverzekeringen” in Dutch, or “UWV.” These are the termination cases that require permission:

When the company has suffered major financial losses, a decrease in work, organizational downsizing, or technological changes, the employer has to apply for a dismissal permit from PES first before giving notice to an employee. Finalizing this process typically takes around six weeks. Time spent obtaining a dismissal permit can be deducted from the applicable notice period. 

If an employer needs to dismiss at least 20 employees within 3 months due to economic reasons, the event qualifies as a collective redundancy. To go through with this process, the employer must report the case to PES and any relevant trade unions representing affected employees.

According to Dutch law, an employer is expected to continue paying an employee during their period of illness for up to two years. This usually amounts to at least 70% of the employee’s salary. The employer is obliged to put measures in place to reintegrate the employee and facilitate their return to work. These reintegration measures must be clearly documented in case termination is eventually needed. If the employee is still unable to carry out their duties after two years (and is not likely to recover within 26 weeks), the employer is allowed to request permission from PES to terminate the employee’s contract.

It is possible to terminate a Dutch employment contract amicably through mutual consent. Both parties must agree to enter into a settlement agreement in writing for the termination to be valid, and the employee’s consent must be explicit and clear. 

With a settlement agreement in place, it is not compulsory to observe the notice period or rules regarding severance payments. If both parties decide to include a severance payment, this must be stated in the agreement. There is also a two-week reflection period, during which the employee is allowed to dissolve the settlement agreement. 

Probationary dismissal in the probationary period

There are no conditions for termination during the probationary period in the Netherlands. The employee or employer is at liberty to terminate the contract without adhering to the standard notice period. The employee has a right to be informed of the reason for dismissal.

Expiry of an employment contract for a definite period of time

It is not compulsory to renew a definite contract under Dutch employment law. If the employer has no plans to renew an employee’s definite contract, the employee must be informed, even though the end of the contract signifies a termination. If the company wishes to terminate a definite contract before the end date, it can only do so if conditions were previously agreed upon in writing. In such cases, the notice period is one month.

The probation period in the Netherlands is typically used as a trial period. This allows both parties to terminate the contract without notice or reason. It is possible to exclude a probation period clause in the contract, although it is not advisable. Removing the probation period makes dismissal more difficult by progressing the employee to full status immediately.

The maximum probationary period allowed under Dutch employment law depends on the contract length:

Indefinite contracts have a probation period of two months.

Definite contracts of less than two years have a maximum probation period of one month.

Definite contracts of two years or more have a maximum probation period of two months.

It is possible for the probation period to be considered null and void. This can happen in the following scenarios:

When the probation period is not agreed upon in writing

On a temporary contract of six months or less

When the employee’s contract is switched from a temporary one to a permanent one

When the contract is extended without any changes to the employee’s work responsibilities

Termination notice period in the Netherlands

A notice period applies when an employee wants to resign from their position or when the company wishes to dismiss an employee for a justifiable reason. The notice period is mandatory and typically indicated in the employment contract. If the employment agreement does not include notice period requirements, the statutory minimum of one month goes into effect. The notice period applies to both employees with permanent contracts and, in some cases, to those with definite (fixed-term) contracts. 

There are a few scenarios in which termination of an employee in the Netherlands does not require notice: 

The employee resigns immediately (also known as summary resignation) 

Notice periods for employees in the Netherlands

An employee currently on probation has the right to terminate their contract (by resigning) without a notice period. The notice period that applies in the case of permanent contracts depends on the duration of the employee’s contract or previously agreed upon notice period with the company. Typically, the notice period for an employee is one month and always starts on the first of the month.

If a longer notice period has been agreed upon, the employer’s notice period must be twice as long as the employee’s. For example, if the employee’s notice period is four months, then the employer’s notice period would be eight months.

Notice periods for employers in the Netherlands

Under Dutch labor laws, an employer is required to give notice when terminating an employee’s contract. The amount of notice required depends on how long the employee has been with the company. 

If employed for less than five years, the notice period is one month.

If employed between five to 10 years, the notice period is two months.

If employed between 10 to 15 years, the notice period is three months.

If employed for 15 years or more, the notice period is four months

HR teams must adhere to the notice period rules. Failure to do so can result in extra compensation for the employee. For example, if an employee with a notice period of one month is informed on the 18th of August that they will be terminated on the 1st of September, the company would be in violation. In this case, the employee would need to be allowed to continue work until the 30th of September, which is when the one-month notice period would end. 

Giving notice to employees on definite contracts

Definite contracts have a clear end date, but when a contract is valid for six months or more, the employer is obligated to inform the employee at least one month in advance if their contract will not be renewed. If an employer fails to give notice on time, the employee is entitled to compensation calculated based on their contract and how late the employer was in giving notice. 

It is also possible for a definite contract to be later deemed as “indefinite” under the scrutiny of Dutch employment law. When a definite contract has a maximum gap of three months between contracts or if the sum total of the employee’s definite contracts amounts to three years, a definite contract could be considered indefinite. In these cases, the termination process is the same as with an indefinite contract. 

When are employees entitled to transitional pay in the Netherlands?

Employees who are dismissed are sometimes legally entitled to what the Dutch call “transition pay,” which is different from severance pay. Transitional pay compensates an employee for their loss of employment while they transition to new employment. 

An employee must have worked for a company for at least two years to be eligible for transition pay. Dutch transition pay is different from severance pay under Netherlands employment law in that severance pay is given in the event of a mutually agreed dismissal. An employee is entitled to transition pay in the following cases:

A fixed-term contract has been terminated.

The employment contract has been rescinded by the court at the employer’s request.

The employee has terminated their contract due to gross misconduct by the employer (in serious culpable acts or negligence, the court may grant additional transition pay known as “fair compensation”).

The employer has been permitted by PES to give the employee a notice of termination.

An employer is exempt from paying transition pay in the following cases: 

The employee’s contract was terminated by mutual consent of both the employer and employee.

The employee was dismissed because they acted with serious culpability or gross negligence.

The dismissed employee is under 18 years of age and worked part-time for 12 hours a week on average.

The employee’s temporary contract is renewed before the old one expires.

How is Transition Pay in the Netherlands Calculated?

The amount of transition pay an employee is entitled to is based on their age, years of service, and gross monthly salary. When an employee is dismissed, they are entitled to 1/3 of their monthly salary for each year of service, up to €84,000. If the employee earns more than €84,000 per year, then the transition pay limit is equal to their annual salary. 

For example, an employee who earns €5000 per month and has worked at the company for five years would be entitled to a severance payment of €8333.33. This is calculated by multiplying five (the number of years worked) by 1/3 and then multiplying the result by the gross monthly salary of €5000. 

In the Netherlands, tax authorities view transition payments as income and tax them as such. If the employee decides to spend their transition pay on professional education, they do not have to pay taxes on that income. When processing an employee’s transition payment, the company should also include outstanding holiday pay, profit distributions, and annual bonuses.

Let Remote help manage your employees in the Netherlands

We agree that terminations are never easy, but setting clear expectations and following the law to the letter can make things easier for both sides. It’s important you know what the process entails before you need to terminate an employee so your company is adequately protected. 

The great thing about working with an EOR like Remote is that we not only handle the process of onboarding and payroll, but we also manage terminations through our locally-owned Dutch entity, guaranteeing your terminations always follow the rules. Our team of HR and employment law experts in the Netherlands takes on the responsibility of handling this complicated process by working closely with PES to make sure all the paperwork is processed with accuracy and any outstanding payments are paid out to the employee to maintain compliance at all times.

Want to learn more? Check out our Netherlands Country Explorer for additional information on Dutch employment.

Terminating an employee in the Netherlands (or anywhere else) is not a pleasant experience. As an employer, the last thing you want on your hands is a disgruntled worker who has been terminated unfairly. As much as you want to avoid this situation, though, you need to plan for the worst-case scenario.

How to terminate an employee in the Netherlands

The Dutch labor market is attractive for many reasons. Not only is 90% of the population proficient in English, but the Netherlands has one of the top education systems in the world. No wonder many companies are already hiring employees and contractors in the Netherlands.

If you are considering opening a new office or starting a new team, the Netherlands might be for you. But Dutch workers are classified in many ways, and each classification is treated differently.

Not only is the law in the Netherlands already complicated, but it’s also in flux. That makes everything even more difficult. Luckily, we’ve developed a comprehensive guide to employee classification in the Netherlands to help you stay on top of this fluid situation.

Key facts about worker classification in the Netherlands

Employers must always pay close attention to the classification of workers, because companies have different responsibilities to employees than they do to contractors. Generally, you have a greater obligation to employees that includes deducting payroll taxes, granting leave, and paying a minimum wage. Additionally, employees have greater and stronger legal rights and protections.

The consequences of misclassification vary by country but can be serious. For example, in the United States, the IRS can levy fines and penalties associated with failure to file a W-2 and subsequent unpaid payroll taxes.

Employees who were misclassified and were therefore denied the rights associated with employment such as leave, benefits, and severance pay are entitled to compensation. Employers risk fines and lawsuits resulting from such misclassification.

See also: When should you convert a contractor to an employee?

The new Balanced Employment Market Act (WAB) in the Netherlands took effect in January of 2021. This act was intended to crack down on false self-employment and associated abuses. As such, employers are now responsible for correctly classifying employees.

To help employers, the government provided a pilot program for a web tool to help clarify if an employment relationship exists. There is a moratorium on enforcement, fines, and penalties until October 2021. After that time, employers will be liable for misclassification.

A worker is considered an employee if the work they do for you meets all the following criteria:

The work must be done personally by the employee.

There is a relationship of authority in which the employer determines how the work must be performed and the employee must comply.

If the relationship does not meet all of these criteria, you may be able to classify the workers as a contractor. These workers are considered to be self-employed. If an employment relationship is found to exist, however, this would be called false self-employment.

Determining worker classification in the Netherlands

It can be a challenge to determine a worker’s classification in the Netherlands. As part of its new laws, the Netherlands has developed an online tool to assist employers. You answer a series of questions, and the tool will give you one of the following three findings:

Your answers indicate the work can be performed by a self-employed contractor outside of an employment relationship.

Your answers indicate that the work cannot be performed outside of an employment agreement.

Your replies do not make clear what the work relationship is.

If you are still unsure whether an employment relationship exists, you can request additional guidance from the government. The findings of the tool are currently non-binding, however, meaning companies cannot use their results as a defense against false self-employment.

For the purposes of enforcement, intent is irrelevant. Even if you thought the worker was a contractor, further investigation may reveal that an employment relationship exists. If that is the case, you will be liable for payroll taxes, fines, and penalties. In addition, you may be subject to lawsuits, especially if you were found to misrepresent the relationship knowingly.

Employment agreements and services contracts

Dutch law does not always require employment agreements for employees or contractors. However, if there are any disputes, it is on the employer to prove that there was no employment agreement. Therefore, it is in your best interest to use a written employment agreement with all workers. If you do not have an employee relationship, you can use a services contract to outline the work to be performed and the terms of payment.

If you choose to use an employment agreement, current recommendations suggest using a sample contract or model agreement from the tax authorities to help ensure compliance. These sample contracts are widely available for general use. Remember, though, that the use of a sample contract does not guarantee correct classification.

Keep in mind that an employment agreement that classifies a worker as a contractor does not protect you if an employment relationship is found to exist. Employers should not rely on this document alone.

Additional assistance on employee classification

If you are still uncertain, you may request guidance from the tax authorities with the caveat that even this does not necessarily guarantee compliance. You may submit the following information for a judgement within six weeks:

The name of the organization and the client

The type of organization: for example, a trade association or an intermediary

The name, address, telephone number, and e-mail address of your contact person

If you submit the agreement as a client or contractor, your RSIN/BSN

Whether the agreement is intended for one or more clients

Whether the agreement is intended for one or more contractors

A clear and complete overview of all agreements

A description of the circumstances under which the contractor will carry out the work

Whether the agreement was concluded through mediation

Which specific regulations or certification requirements apply

On which model agreement your agreement is based and what you have adjusted

Consequences of contractor misclassification

The consequences of misclassification will be very serious. Additionally, enforcement of misclassification laws in the Netherlands can be robust and proactive. Employers in the Netherlands can’t afford to ignore accurate classification.

Misclassification fines and consequences in the Netherlands

If you have misclassified an employee as self-employed, you could be liable for taxes and social security. You are also required to provide the array of statutory rights given to employees. These include leave, minimum wage, and more.

You will have more difficulty terminating the worker if your contractor relationship is later found to be an employee relationship. Dutch employees enjoy many provisions to protect their job security. These can include notice periods and severance pay in the Netherlands.

See also: The consequences of misclassifying employees as contractors

Misclassification penalties and bans in the Netherlands

The new robust enforcement of contractor misclassification laws in the Netherlands is expected to target serious offenders who knowingly violate the rules. However, all employers are at risk for penalties. Negative publicity could also harm companies found to be in violation.

Another major risk of misclassifying a contractor is the loss of intellectual property (IP). In an employee relationship, businesses retain the rights to work product and intellectual property. However, these same protections do not always cover work done by contractors to the same degree. In an employment status dispute, your intellectual property could be in danger.

Remote’s IP Guard, included in every Remote employment contract, helps you maintain the maximum protections for IP created by international workers. You can find more information about protecting your IP on the Remote blog.

Managing and paying employees and contractors in the Netherlands

To learn more about employing workers in the Netherlands, check out our Netherlands country explorer page.

Contractor tax and benefits requirements in the Netherlands

Like most countries, the tax rules and benefits for contractors are different from those for employees. That’s why it’s even more important to get classification right.

Contractors in the Netherlands do not pay payroll taxes. As an employer, you would not need to worry about income taxes or social security deductions. Additionally, you aren’t required to award benefits, such as severance pay, or give notice in the event of employee termination.

However, contractors are protected by minimum wage laws. Contractors must earn at least the hourly minimum wage for their work. If your contractors perform piece work, you must document how many hours it takes them to complete and pay at least the minimum wage.

While in your workspace, contractors are also protected by the same health and safety laws that protect employees. This means you must do the following:

Provide a proper workspace and safe equipment.

Prevent physiological and psychological strain and stress.

Take steps to avoid accidents with hazardous or harmful substances, radiation or contagious diseases.

Failure to provide the above can result in fines and penalties.

Manage benefits for contractors and employees

By now, you understand the complexity of the emerging laws around worker classification in the Netherlands. So how do you manage your benefits programs against this backdrop?

Follow these steps, beginning with accurate classification:

Make use of the sample contracts to assist you.

Schedule regular reviews with employees and contractors to affirm the employment agreement.

Extend statutory benefits to all workers correctly according to their classification.

When the stakes are high, it can be stressful to navigate new legislation. But it helps to have a partner fully versed in existing and emerging law to help you. At Remote, we have teams of experts in the Netherlands who closely follow emerging laws and guidelines.

The simple way to pay and manage contractors

Using an employer of record like Remote is one of the easiest ways to pay and manage contractors and employees in the Netherlands and around the world. We can help you employ and pay your international workers legally, easily, and quickly. We can also help you with employee relocation, so an employee moving to a new country can continue to work for your business without interruption.

Create a successful remote contractor culture

Successful employment relationships aren’t just about compliance and the letter of the law. To create an environment where remote contractors feel engaged and valued requires deliberate thought and effort. Work on fostering relationships, improving inclusion, and removing barriers.

Pay and manage contractors in the Netherlands with Remote

The Netherlands offers a variety of opportunities for companies looking to expand into new labor markets or to attract some of the many top candidates living there. Thanks to evolving laws, though, companies must be careful about correctly classifying their workers.

Remote takes the guesswork out of working with international contractors and employees. To learn more about how Remote can help you pay and manage contractors in countries all over the world, visit our website or reach out to our team for more information.

Not only is the law regarding contractor classification in the Netherlands already complicated, but it’s also in flux. That makes everything even more difficult. Luckily, we’ve developed a comprehensive guide to employee classification in the Netherlands to help you stay on top of this fluid situation.

Managing contractors and avoiding misclassification penalties in the Netherlands

Do your employees want to relocate to another country? Are you looking to hire someone who is moving across borders? Whatever challenges you face, this guide will help you understand more about relocation for international employees.

Relocation for international employees video guide

Prefer watching to reading? Check out Remote’s webinar on international relocation, hosted by Nadia Vatalidis (head of people), Filipa Matos (vice president of operations) and Roderick van Vliet (head of legal).

In this hour-long special session, these three international employment experts cover a host of questions on important topics and answer real questions from businesses and HR professionals.

Global Payroll and Benefits

What is SWIFT, and why does it matter for international payroll?

How to terminate an employee in the Netherlands

Managing contractors and avoiding misclassification penalties in the Netherlands

How to handle international employee relocation

How to set up and manage payroll in the Netherlands

Written by • Preston Wickersham

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