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Posting workers in The Netherlands
Posting workers in The Netherlandsmust notify the project via www.postedworkers.nl. If your company sends non-EU staff to The Netherlands for the project, it’s essential to make sure that the work permit exemption is in place. Both you and your Dutch client will be fined severely if the conditions are not met. With a standard amount of €6,000 per non-European employee, this can quickly add up!
More and more EU companies are doing projects in The Netherlands, sometimes bringing their own, non-EU, staff: ‘the provision of cross border services from another EU Member State’. It is important to know that these non-EU workers are not automatically allowed to work in the Netherlands. Only if all the requirements for cross border provision of services (posting) are met, the work permit exemption is applicable.
In case of posting of workers, a notification must be submitted via www.postedworkers.nl. This notification must be approved by your Dutch client. However, submitting the notification alone is not sufficient to avoid heavy fines. The substantive conditions for the provision of services must also be met. The information you must provide for the notification on www.postedworkers.nl is insufficient to assess this.
Our firm regularly carries out compliance checks for EU companies that post workers to The Netherlands. Thanks to our many years of experience litigation fines that have been imposed, we know exactly what the Labour Inspectorate is looking for. We use a questionnaire for the service provider to assess whether the conditions have been met. If they have not (yet) been met, we provide tips where possible on how to comply with the regulations.