Per 1 March 2020, foreign companies posting employees to the Netherlands must report this to the authorities (SVB). This obligation stems from European regulations that must ensure that employees working in the Netherlands are entitled to the main employment conditions following Dutch labor law.
Employees working in the Netherlands posted from abroad are in any case entitled to the rules applicable in the Netherlands with regard to:
• Minimum wage
• Minimum number of vacation days
• Working Conditions
• Rest times
• Equal treatment
If a generally binding collective bargaining agreement applies, employees are also entitled to specific rights from this collective agreement.
- Upon request, the foreign company must provide information to the authorities.
- A number of specific documents must be available (digitally) at the workplace of the employee, such as the employment contract, payslips, overview of hours worked and social security contributions.
- Designation of a contact person in the Netherlands as the point of contact for the authorities.
- Reporting of foreign employees who are posted to work in the Netherlands.
Foreign, EU-based, employers posting employees to the Netherlands. Specific types of incidental work are exempt.
A reporting obligation also applies to self-employed persons working in certain specific sectors.
The reporting obligation applies to postings per 1 March 2020. Postings started before 1 March 2020 do not have to be reported.
The posting has to be reported and the notification must take place via the online reporting portal www.postedworkers.nl
The Dutch company that the employees are posted to must check this report.
Failure to comply with the administrative obligations mentioned above can lead to a fine.