Legal services are about the correct application of laws and regulations. At Boels Zanders, located in the southern Netherlands near the borders of Germany and Belgium, we recognize that legal matters extend beyond just rules. The unique location of our offices encourages us to look further and place extra emphasis on human interaction and culture.
In cross-border matters, conflicts often arise from cultural differences rather than legal disputes. The Dutch are generally pragmatic, while Germans may feel uneasy when deviations occur from their carefully laid-out plans. This calls not only for precision but also for clear communication about the process and expectations. A lawyer must therefore provide not only legal advice but also pay attention to cultural differences and contribute to mutual understanding. It frequently becomes evident that speaking the same language does not guarantee full understanding between the Dutch and Belgians. Close collaboration with specialized foreign firms, with whom we can engage directly, helps bridge these differences.
Businesses and organizations face cross-border legal issues in various situations. For example, when hiring staff from neighboring countries, which entails specific labor law obligations. International trade with neighboring countries also involves transport and customs regulations, in addition to contracts and general terms and conditions. When opening a new branch abroad, detailed knowledge of local laws is essential.
“My knowledge of both German and Dutch law allows me to provide our clients with the best possible support across both legal systems.”
• Anne-Marie van Dijk, Lawyer, Rechtsanwältin
Dutch lawyers often adopt a business-like, informal, and direct communication style, which can clash with the more formal and hierarchical communication common in Germany, for example. German companies expect detailed, comprehensive advice, while Dutch lawyers typically take a more pragmatic approach.
Focusing on cultural differences is essential because it prevents misunderstandings and fosters collaboration between international parties. Understanding the cultural context enhances communication and helps avoid conflicts. Many legal disputes stem not from linguistic issues but from cultural misunderstandings.
“At Boels Zanders, we understand that successful legal services in an international context are not solely about knowledge of laws and regulations but also about understanding the cultural backgrounds of all parties involved.”
• Ruud Tuinstra, Lawyer, Partner
Labor law and workplace culture vary significantly between the Netherlands, Germany, and Belgium, which greatly affects employers operating in these countries. In the Netherlands, there is a closed dismissal system, requiring employers to seek prior approval for dismissal from the Employee Insurance Agency (UWV) or the subdistrict court. This makes the process more complex and slower. In Germany and Belgium, dismissal laws are simpler – employers can dismiss an employee first, and a judge may later review the dismissal. This often leads to confusion for companies from these countries operating in the Netherlands, where strong legal justification is required upfront.
“International growth requires more than one approach. Embracing cultural differences lays the foundation for sustainable collaboration.”
• Sanne Dolstra, Lawyer
Workplace culture also differs across countries. Dutch employees, protected by strong dismissal laws, are generally more outspoken and quicker to voice criticism. Additionally, the corporate culture in the Netherlands is less hierarchical, and communication is more direct. In Germany and Belgium, hierarchy plays a larger role, and employees are typically more cautious when providing feedback. Employers operating in these countries need to adjust their communication styles accordingly. Moreover, labor unions play a more significant role in Germany and Belgium, whereas the Netherlands adopts a more pragmatic approach to labor relations through the polder model.
Labor unions play different roles in each country. In Germany, unions hold substantial responsibility due to limited government regulation, making sector agreements crucial for determining labor conditions. In Belgium, unions are highly influential, with strong representation and significant sway over the social climate within companies. Employers must proactively build relationships with unions. In the Netherlands, unions are involved but less dominant, as the government plays a larger role. The polder model fosters solutions through dialogue and consensus between unions, employers, and the government.
It is clear that cultural differences play a major role in cross-border legal matters. Lawyers must not only be legally proficient but also culturally sensitive. Boels Zanders combines legal expertise with cultural knowledge to provide clients with optimal support in cross-border cases. Would you like to learn more about how we can assist you? Please feel free to contact us.
