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Are you a foreign service provider or are you the client of a foreign service provider? As of 1 March 2020 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 correctly. If you find any errors you must correct these via the online notification portal. You can find all data that needs to be submitted on the checklist.
To whom does the duty to notify posted workers apply?
The duty to notify posted workers is applicable for self-employed professionals in certain sectors and for employers from the EU, Iceland, Lichtenstein, Norway or Switzerland who will be working temporarily in the Netherlands. These are:
- self-employed professionals in certain sectors
- employers who bring their own personnel to the Netherlands
- multinational companies that post workers to their Dutch branch
- temporary employment agencies that post workers to the Netherlands
The duty to notify posted workers is applicable from 1 March 2020.
Duty to notify after Brexit
The UK has left the European Union. This means that as of 1 January 2021 the UK is considered a third country. The EU regulations no longer apply to the UK. This also means employers based in the UK should no longer notify postings through the notification portal. You should use the existing options for posting of non-EU citizens. Are you an employer from the European Economic Area (EEA) or Switzerland who brings British workers to do temporary work in the Netherlands? Then you still have the duty to notify after Brexit.
Additional rights for posted workers
Foreign personnel on temporary postings have certain rights (pdf, in Dutch) around housing and additional payouts. From the start of their employment, they are entitled to the same 'core rights' as Dutch workers. This includes wages, resting hours, holidays, equal treatment of men and women and 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 (CAO), except for dismissal protection and additional company pensions. Posted workers are entitled to all benefits listed in the CAO from the moment they start working, again except for additional company pensions and dismissal protection.