New EU regulation for posted workers implemented in Dutch Labour Law
March 15th, 2020
As of March 1, 2020, employers abroad and self-employed persons have a duty to notify new temporary postings. The data entered will be received by the Inspectorate SZW, the Sociale Verzekeringsbank (SVB) and the Dutch Tax and Customs Administration. The use of this data and enforcement of the duty to notify is effective from March 1, 2020.
The purpose of the EU regulation is to make it easier for authorities to fight violations of employee’s rights in the EU (equal pay etc.)
- To check whether employers have paid taxes
- To check whether the employers are meeting minimum wage requirements and other mandatory employment conditions.
Duties of employers
Under the EU regulation employers are subject to 2 obligations, namely, the duty to notify the authorities of the new employees and the duty to keep the documents of the posted workers on file at the registered working location. This makes it easier for the authorities to check if companies comply with the main term of employment and working conditions that apply in The Netherlands.
The duty to notify applies to employers and self-employed persons from the European Economic Area (EEA) and Switzerland who work in The Netherlands temporarily.
Rights of Posted Workers
Posted workers are entitled to at least the main terms of employment regulated by Dutch law, such as:
- the minimum wage
- sufficient rest hours
- safe working conditions
- equal treatment of men and women
- a minimum number of paid days off
Support by RSH for the Notification Procedure
- Assessment of the case
- Collection of and quality control on required needed information/documents
- Filing online notification on behalf of company abroad
- Monitoring the application
- Informing HR
- Electronic data/document storage & filing (optional)
- Periodic reporting
- First point of contact for authorities (tba)
- Jointly develop standard customized procedure
- Help desk for your organization
Please contact us if you need our assistance with the posted workers notifications. RSH is more than happy to assist.