notification obligation foreign employees

Notification obligation foreign employers from March 1, 2020

Notification obligation foreign employers from March 1, 2020

2 April, 2020

From the 1st of March 2020, employers located in the European Union, European Economic Area and Switzerland who post employees temporarily to the Netherlands are obliged to notify this posting in the Netherlands. This notification is obliged for every posting of employees starting from the 1st of March 2020. It also holds for certain self-employed persons. In case the notification did not take place, fines can be imposed on the foreign employer, the self-employed person and the client (recipient of the posted workers).

Who is obliged to notify?

Subject to the notification obligation are:

  1. Employers that come to the Netherlands with employees;
  2. Multinational companies that posts employees to their branch office in the Netherlands;
  3. Employment agencies that provide temporary workers in the Netherlands; and
  4. Self-employed persons that work in specified sectors, such as agriculture, manufacturing and transportation.

 

When you are a self-employed person, we recommend to check whether you are obliged to notify. A list of the sectors with notification obligation can be found here.

Exceptions from notification

There are certain situations in which notification is not necessary, such as urgent repair/maintenance and business meetings (either with a maximum period or for certain jobs). For small employers (with 9 employees maximum) there is the possibility to do an annual notification, provided certain conditions are met.

The notification

Every posting of employees starting from the 1st of March 2020 should be notified. The notification can be done online via an online notification portal.

The notification should include the following information:

  • The kind of work that will be performed;
  • The period in which the work will take place;
  • Who or which company is receiving the work;
  • Information of the employees that come along.

In case not all information is available, the notification can be done already so far as possible and supplemented later.

Posting workers in the Netherlands?

In case you are posting employees in the Netherlands or are working in the Netherlands as a self-employed person, we recommend to check as soon as possible whether you are obliged to notify to prevent the fines for not doing the obligatory notification.

Posting workers from the Netherlands to other EU/ER countries/Switzerland

The other EU/ER countries and Switzerland have implemented regulations regarding the notification of posted workers into these countries. These regulations are more or less similar (because they are based on a EU Directive). However, there will be variations in the notification process and the details.

Should you have any question with regard to the notification obligation, we will be happy to assist you.



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