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.
Who will obtain the data?
The Social Affairs and Employment Inspectorate (Inspectie SZW), Social Insurance Bank (Sociale Verzekeringsbank) and the Dutch Tax and Customs Administration will obtain copies of the data entered.
There is no grace period for this notification requirement. This means that enforcement will start when the requirement takes effect, i.e. on 1 March 2020. Failing compliance with it, the foreign employer, foreign self-employed person and the contracting party concerned may be subject to a fine.
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