Are you a foreign service provider or are you the client of a foreign service provider from the European Economic Area (EEA) or Switzerland? Employers abroad have a duty to notify their work and posted workers before they start working in the Netherlands. You can do this through the online notification portal.
If you are the client of an employer abroad, you must check if the foreign employees have been reported and have been reported correctly. If you find any errors, you must correct these via the online notification portal.
To whom does the duty to notify posted workers apply?
The duty to notify posted workers applies to:
- self-employed professionals in certain sectors
- employers from the EEA or Switzerland who bring their own personnel to the Netherlands
- multinational companies from the EEA or Switzerland that post workers to their Dutch branch
- temporary employment agencies from the EEA or Switzerland that post workers to the Netherlands
Posted workers from outside the EEA or Switzerland have additional requirements.
What do you need to report?
Before you start your temporary work in the Netherlands, you must report among others:
- the type of work you are going to do
- the location of the work
- details of your client/employer
- how long you will work in the Netherlands
- in which country the social security is paid
Do you carry out work in the Netherlands occasionally? In certain cases employers abroad are not obliged to notify posted workers for occasional labour (in Dutch), such as performing emergency repairs, visiting conventions, or the first-time installation of industrial assemblies.
Are you a small businesses (up to 9 employees) owner or self-employed professional based within 100 kilometres of the Dutch border? You may file a one-year notification (jaarmelding) for posted workers if you had 3 postings in the Netherlands in the preceding calendar year. You cannot use the one-year notification if you work in the construction or temporary employment sectors.
If you hire a business abroad or a self-employed professional who use an annual notification, you are not obliged to check if they have been reported correctly.
Additional rights for posted workers
Foreign personnel on temporary postings have certain rights around housing and additional pay-outs. From the start of their employment, they are entitled to the same 'core rights' as Dutch workers. This includes:
- resting hours
- equal treatment of men and women
- a safe working environment.
After 12 months, they are entitled an 'expanded hard core' of rights. This means they will have the same benefits as local employees, as described in the Collective Labour Agreement (Collectieve Arbeidsovereenkomst, CAO), except for dismissal protection and additional company pensions. Temporary agency workers who are posted to the Netherlands are entitled to all benefits listed in the CAO from the moment they start working, again except for additional company pensions and dismissal protection.