At a Glance
- The Ministry of Social Affairs and Employment announced that posted worker notifications will be required starting March 1, 2020.
- As a result, the employer outside the Netherlands will need to file an online notification before a posted worker commences work in the Netherlands.
- The online notification system will open February 1, 2020 and employers can begin using it on that date.
- Workers performing incidental work, including transport personnel, guest lecturers and attendees of academic conferences, will be exempt from the posted worker online notification requirement.
The Ministry of Social Affairs and Employment (SZW) in the Netherlands announced that posted worker notifications will be mandatory as of March 1, 2020, which will require employers in the Netherlands to file an online notification before the posted worker commences work in the Netherlands.
A closer look
Details of the online notification requirement include the following:
- Notification requirement. The Ministry of SZW will launch an online government notification system on February 1, 2020 on which employers of posted workers outside of the Netherlands will be able to submit an online notification before the posted worker commences work in the Netherlands. The Dutch employer is required to review the notification and must inform the authorities within five days of the posted worker starting work if any details are not correct.
- Exemptions. Workers performing incidental work, including transport personnel, guest lecturers and attendees of academic conferences, will be exempt from the posted worker notification requirement.
Employers will be subject to an extra step when employing posted workers and should consult with their human resources department to ensure that their recruitment procedures comply with the directive.
- Purpose of notification requirement. The information from the notification will be added to an inter-agency registry to which the SZW, Tax and Customs Administration, Sociale VerzekeringsBank (SVB – the Dutch social security agency) and the Immigration and Naturalization Service (IND) will have access. The notification will allow authorities to better combat fake self-employment, to check whether employers have paid taxes and whether they are meeting minimum wage requirements and other mandatory employment conditions.
- Compliance with Posted Workers Enforcement Directive. The posted worker online notification requirement is being implemented so that the Netherlands remains in compliance with the Posted Workers Enforcement Directive.
Although the notification requirement will be fully implemented on March 1, 2020, the new employment regulations stemming from the amended Posted Workers Directive will likely go into effect on July 30, 2020.
The Ministry of Social Affairs and Employment has also proposed a law which will bring other areas of Dutch law into compliance with an amendment to the EU Posted Worker Directive, which is expected to go into effect on July 30, 2020. These include: limiting the period for which basic employment laws of the host country are applicable to 12 months, with a possible six-month extension; implementing rules regarding the replacement of a posted worker and successive postings; and requiring employers to count allowances provided to posted workers toward minimum salary requirements.
The progress of these laws is depicted below:
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.