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You are here: Home I am hiring a foreign company or a posted self-employed
person
Search within English part of Posted Workers Open search box
 * Self-employed persons
 * One-year notification
 * Transport sector
 * Exceptions to the duty to notify
 * FAQs


I AM HIRING A FOREIGN COMPANY OR A POSTED SELF-EMPLOYED PERSON

As a client, are you hiring a foreign company or a posted self-employed person
in the Netherlands for a temporary assignment? And are they from the EU, the EEA
or Switzerland? Then they are required by law to notify their arrival in the
online notification portal. As a client, you must check whether they have been
correctly notified before their arrival.


NOTIFICATION IS IMPORTANT

Notification allows the government to check whether posted workers are working
under safe, healthy and fair employment conditions. This is how we make sure the
right, Dutch employment conditions are applied and how we prevent unfair
competition.

The duty to notify is part of the Posted Workers in the European Union
(Working Conditions) Act (Wet arbeidsvoorwaarden gedetacheerde werknemers in de
Europese Unie, WagwEU). This Dutch Act is based on the European Posting of
Workers Directive.


HOW THE NOTIFICATION PROCESS WORKS FOR YOU

Notification and checking are done in the Dutch online notification portal. In
this animation, we explain how this works.

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 * MP4 Video Video | 30-06-2023 | 00:01:43 | mp4 | 65.4 MB MB


THE NOTIFICATION PROCESS

Notification of posted workers is given in three steps. Together with the
foreign employer or self-employed person, you have a duty to notify (correctly).
Make sure the notification is made before the posted worker starts their
assignment. You have until five working days after the assignment starts to
check the notification.

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Important! Any interim changes should also be notified and checked. This way,
you ensure that you are not fined and you will help create a fair labour market.


HIRING THROUGH A TEMPORARY EMPLOYMENT AGENCY

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FAQS


I HAVE NOT RECEIVED AN EMAIL TO CHECK THE NOTIFICATION. WHAT SHOULD I DO?

Check with the foreign company / posted self-employed person to see whether the
notification has already been submitted. Has the notification not been submitted
yet? If so, remind the foreign company or the posted self-employed person to do
so. Have you still not received an email after that? Then report this to the
Social Insurance Bank (SVB) helpdesk via helpdeskpw@svb.nl or call 020-6565123.
The SVB manages the notification portal.


WHAT HAPPENS IF NO NOTIFICATION IS SUBMITTED, OR IF IT IS PERFORMED INCORRECTLY?

Checking the notification is mandatory. Do records or a visit to the workplace
indicate that the arrival has not been reported in advance? Or that it has been
notified incorrectly? Then you and the foreign company or the posted
self-employed person run the risk of a fine. You can view the fine amounts here.

The Netherlands Labour Authority carries out checks. Make sure the notification
is in order before the posted worker starts the assignment. Important: Any
interim changes should also be notified and checked. This way, you ensure that
you are not fined and you will help create a fair labour market.


THE FOREIGN COMPANY IS HIRING A THIRD PARTY. HOW DO NOTIFICATION AND CHECKING
WORK IN THAT CASE?

Is the foreign company or the posted self-employed person hiring a third party
to join you in the Netherlands? If so, that is called subcontracting. It is not
you, but the foreign company or the posted self-employed person that is the
client in that case. The third party notifies their arrival, and the foreign
employer or self-employed person checks the report. Is the foreign company also
sending its own workers? Then that company must submit a separate notification
for them. As the client, however, you must check this report.


WHY DOES THE EMPLOYMENT CONDITIONS FOR POSTED WORKERS IN THE EUROPEAN UNION ACT
EXIST?

This law entitles posted workers to the statutory working conditions offered in
the Netherlands. These include the right to a minimum wage, sufficient breaks, a
healthy and safe workplace, equal treatment of men and women, and a minimum
number of leave days. In addition, foreign employers have a number of
administrative obligations, including notifying. In some sectors, this also
applies to self-employed people. Notification makes it easier for the government
to check whether companies are complying with the rules.


EXCEPTIONS TO THE DUTY TO NOTIFY

Sometimes, workers do not have to have a notification submitted for them. In
that case, you do not have to check either.


WORKING IN PUBLIC ADMINISTRATION, GOVERNMENT OR EXTRATERRITORIAL ORGANISATIONS

If employees are working in public administration, government services or
extraterritorial organisations, no notification needs to be submitted for them.
Examples of extraterritorial organisations include the United Nations and the
European Union.


SELF-EMPLOYED PERSONS

Most self-employed persons do not have to notify for themselves. An overview of
the sectors in which self-employed persons are subject to the duty to notify can
be found here.


ANNUAL REPORT

Do you often hire the same foreign company or the same self-employed person to
come and work in the Netherlands? Sometimes, the foreign company may then draw
up an annual report. A report then only has to be made once a year. You do not
have to check annual reports. More information on annual reports can be found
here.


INCIDENTAL WORK

The obligation to report does not apply to employees who perform certain types
of incidental work. This includes guest speakers at conferences, employees on
short business trips and urgent maintenance of tools. Therefore, in these cases,
do not have to check whether notifications have been submitted. An overview of
the categories and conditions for certain incidental work can be found here.


POSTED WORKERS WITH A NATIONALITY OUTSIDE THE EU, THE EEA OR SWITZERLAND
(THIRD-COUNTRY NATIONALS)

The duty to notify also applies if workers with a nationality outside the EU,
the EEA or Switzerland are temporarily posted to the Netherlands. You can view
the additional requirements for employees from outside the EU, the EEA and
Switzerland here.


RIGHTS AND OBLIGATIONS

Workers who are posted in the Netherlands are entitled to the statutory working
conditions applicable here. Employers that employ posted workers must ensure
this. Read more about these rights and obligations.


DOCUMENTS


 * FACTSHEET: WHAT YOU AS A CLIENT NEED TO KNOW ABOUT THE DUTCH NOTIFICATION
   PORTAL FOR POSTED WORKERS
   
   What you as a client need to know about the Dutch notification portal for
   posted workers.
   
   Leaflet | 09-06-2023




SEE ALSO

   
 * Ga naar het meldloket
   
 * FAQs


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