The Lower House has submitted a bill which introduces a notification obligation for foreign employers (service providers) who post workers for a limited period to the Netherlands. The bill implements the Enforcement Directive (Directive 2014/67/EU) which aims to improve enforcement of the Directive on the posting of workers (Directive 96/71/EC), thereby guaranteeing better protection of posted workers. The directive must be implemented at the latest by 18 June 2016.

Notification obligation

The notification obligation entails that cross-border service providers who post workers to the Netherlands have to inform, prior to the posting of the worker, the authorities of such posting and have to indicate (among others) the identity of the worker and the service recipient, duration and nature of the work, location of the work and the name of the representative of the service provider. In addition, the service provider is required to keep copies of certain documents (digital or hard copy) at the site where the work is performed, such as the employment agreement, pay slips, time-sheets and proof of payment of wages.

Users who hire workers from a foreign service provider (service recipients) must, to a limited extent, verify the notification of the service provider. For instance, they are required to verify, at the latest at commencement of the work, whether the service provider has notified the authorities and if so, whether or not the workers who will perform the work are the same individuals as the workers indicated in the notification. If the service recipient finds irregularities, it must notify the authorities of such. If the service provider has not notified or has wrongly notified the authorities the Labour Inspectorate may impose a fine on both the service provider and the service recipient up to a maximum of EUR 20,250. If the service recipient reports to the authorities that the service provider did not give this notification or gave a wrong notification, it is exonerated from sanctions.

Foreign self-employed persons who (directly or indirectly) perform services for a Dutch company will also be obliged to notify the authorities. This obligation will only apply to specific risk sectors, such as the construction, cleaning, care and IT sectors.

Exceptions

Certain sectors are exempt from the notification obligation, such as the passenger and goods transport sectors (unless it concerns cabotage activities). Also, small service providers who on a regular basis provide services in the Netherlands (e.g. a German window cleaner who cleans windows in the Netherlands on a regular basis), will only have to notify the authorities once a year.