Posting of Workers to the Netherlands
By Paulien van der Grinten, TeekensKarstens advocaten notarissen
According to the Posted Workers in the European Union (Working Conditions) Act (“WagwEU”), as of 01 March 2020, a notification obligation will be applicable to workers posted to the Netherlands. This duty to notify applies to companies outside the Netherlands performing (new) services within the Netherlands using posted workers. Posted workers in this respect are employees who have been sent by their employers to carry out services in the Netherlands on a temporary basis, in the context of a contract of services, an intra-group posting, or a hiring out through a temporary agency.
The notification obligation also applies to selfemployed persons established outside the Netherlands performing activities in specific sectors of industry. Please refer to the overview of industries on www.postedworkers.nl, to which a notification obligation for self-employed persons applies from 01 March 2020.
The Dutch Inspectorate SZW monitors the compliance of the WagwEU. Without a notification, the Dutch Inspectorate SZW can impose penalties on both the service provider and the service recipient. The notification obligation applies primarily to the service provider and has to be made before the workers start their activities in the Netherlands.
The notification can be made online (in English, German, and Dutch) via www.postedworkers.nl from 01 February 2020. The notification has to include the identity of the notification party, company data, identities of the employees, presence of A1 statements or other proof substantiating payment/ withholding social premiums, etc. Kindly note that a checklist is available.
The service recipient has to verify whether the service provider has notified the arrival and review whether the service provider has done so correctly. If the input of the service provider needs to be amended, the notification will be sent back to the service provider. Notification is complete upon confirmation of the service recipient.
Paulien van der GrintenGGI member firm
TeekensKarstens advocaten notarissen
Law Firm Services
Alphen aan den Rijn, Amsterdam, Leiden, The Netherlands
T: +31 71 535 80 00
TeekensKarstens advocaten notarissen (TK) is a full-service Dutch law firm with extensive experience in the field of international law. TK established specific international teams to provide clients with tailor-made services and information.
Paulien van der Grinten is an Attorney- at-Law at TK and part of the international Corporate Employment Law team.
Published: Labour Law Newsletter, No. 08, Spring 2020 l Photo: Eric Gevaert - stock.adobe.com