The Netherlands: Posted workers subject to advance notification

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From 1 Mar 2020, employers in the European Economic Area (EEA) and Switzerland that send an employee to work temporarily in the Netherlands must notify the Dutch government in advance of the posting. The government launched an online notification portal (Dutch) and published a checklist (Dutch) to help employers and self-employed persons comply with the requirement. Employers that breach the notification duty could face a fine.

Background

The notification requirement is part of the government’s efforts to implement the European Union’s (EU) directive on the posting of workers. This law specifies the terms and conditions of employment that impact posted workers throughout the EU — and aims to ensure a level playing field by preventing foreign service providers from undercutting local service providers due to lower labor standards. Workers posted to another member state remain employed by the sending company and are subject to the laws of their home state, but are entitled to a set of core rights applicable in the host state.

Highlights

  • The notification requirement applies to companies with employees in the EEA and Switzerland that post an employee to work in the Netherlands; agencies sending temporary employees; self-employed persons; or employers that bring their own staff to the Netherlands.
  • Contracting parties located in the Netherlands must ensure that the correct notifications have been made (the online system notifies the contracting party when notifications are filed). The contracting parties can be fined if posted employees aren’t registered.
  • Notification information is shared with the Dutch social affairs and employment inspectorate, the social insurance bank, and the tax and customs administration.

Related resources

Fiona Webster
by Fiona Webster

Principal, Mercer’s Law & Policy Group

Stephanie Rosseau
by Stephanie Rosseau

Principal, Mercer’s Law & Policy Group

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