Working in the Netherlands

Working in the Netherlands

Foreign employees working temporarily in the Netherlands now subject to notification requirement

Information by Eric van Dam

As from 1 March 2020, employers in countries other than the EEA and Switzerland who want their employees to work temporarily in the Netherlands will be required to report this in advance via a Dutch Ministry of Social Affairs and Employment online notification desk. Self-employed persons who want to work in the Netherlands on a temporary basis will also have to file a notification.

Posted Workers in the European Union (Working Conditions) Act (WagwEU)

This notification requirement is prescribed by the Posted Workers in the European Union (Working Conditions) Act (WagwEU), which protects temporary foreign employees who work for a foreign employer and combats unfair competition based on terms of employment. Such employees are in any case entitled to the most important terms of employment under Dutch employment law, such as a minimum wage, minimum rest periods and holidays, safe working conditions and equal treatment.

Who will this notification requirement apply to?

The new notification requirement will apply to the following companies and persons in the EEA (all EU Member States and Norway, Liechtenstein and Iceland) as well as Switzerland:

  • self-employed persons and employers who come to the Netherlands with their own staff;
  • multinationals that second employees from their own companies to the Netherlands; and
  • agencies that send temporary employees to work in the Netherlands.

The contracting parties/clients of these companies and persons will be required to verify whether this notification has been made, and if so, whether it is correct. As soon as the contracting party or the client has filed a notification, it will receive a message which it can then check online and report any inaccuracies.

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Andre Beukes LLM

Andre Beukes LLM

André Beukes is an EU Management Consultant to international companies doing business in Europe. He provides clients with practical business support that makes a real difference doing business in the EU. “Put simply, I am here to help you meet your challenges. I believe in the importance of doing things correctly, meaning risks are reduced and problems are avoided.”

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