As per 1 March 2020, service providers from the European Economic Area and Switzerland need to register new temporary assignments in the Netherlands ultimately 5 days before the start of employment. To register, an online database went live on 10 February 2020 (on the website meldloket.postedworkers.nl).
Service providers are foreign employers who temporarily:
Also, in some cases, self-employed persons who come to perform a temporary assignment in the Netherlands must report.If a foreign employer or self-employed person makes use of a sub-contractor, that sub-con-tractor must report its own staff. The foreign employer or self-employed person must check such a report.
When reporting, foreign employers must at least state:
The report made by the foreign employer or self-employed person must also be sent to the Dutch customer/client for review. Inaccuracies must be reported by the customer/client to the authorities before the start of the assignment.
During the assignment, certain minimum documentation must be available at the work-place (on paper or electronically), such as a copy of the employment contract, monthly pay slips, proof of payment, certificate of coverage and time sheets.
Non-compliance of the reporting obligations is an offence that can be penalised with a penalty of EUR 12,000 per offence. The foreign employer, the self-employed person and their customer/client can be penalised.
In some cases of incidental work, the notification obligation does not exist. The construction industry is excluded from this exception. Examples of when notification is not required for qualifying employees are:
WTS NL facilitates all compliance and advice regarding posted workers.
Newly announced legislation
Another Dutch development is the new pending legislation on the basis of which Dutch labour law would become (partially) applicable when an assignment in the Netherlands lasts longer than 12 to 18 months. We will inform you in more detail on this when the law is enacted, ultimately on 30 July 2020.
With this newsletter we give an overview of recent or expected changes in the area of Global Mobility in different countries.
If you have any questions about WTS Global or our global services, please get in touch.
We will respond to you as soon as possible.