The Netherlands: duty to notify temporary postings

From 1 March 2020, companies from countries within the European Economic Area (EEA) and Switzerland who come to work temporarily with their employees in the Netherlands will be subject to a prior duty to notify. Like Belgium with Limosa, the Netherlands now also has a duty to notify temporary postings.

New obligation

As an employer in Belgium who has temporarily posted employees to the Netherlands, you will have the duty to complete a notification in the Dutch online notification portal from 1 March 2020.

This also applies to temporary agency workers who are posted to the Netherlands by their employer. The temporary employment agency is obliged to notify their arrival. 

Specific cases

There are specific cases where you do not have to notify your employees. This concerns temporary or incidental work, such as, for example:

• initial assembly or the first installation of goods, carried out by qualified or specialist workers;
• urgent maintenance or repairs to tools, machinery or equipment supplied by the service provider to the service recipient;
• attending academic congresses; conducting business discussions or concluding agreements with companies or institutions.

You are eligible for a one-year notification in certain specific cases and under certain conditions. This applies to small businesses and freight transport by road. For more information about the one-year notification, please visit the website of the Dutch portal.

How?

The notification must be submitted in the Dutch online notification portal.

As an employer, you must provide at least the following information when completing the notification:

• identity of the person submitting the notification;
• your company details;
• contact person;
• identity of the client (service recipient);
• sector in which the activities will be carried out in the Netherlands;
• address / place where the work activities will be carried out;
• expected duration of the work activities;
• identity of the person responsible for paying the salary;
• identity of the employees who are coming to work in the Netherlands;
• the presence of an A1-certificate or other type of proof showing where the social security contributions for the employee(s) are paid, due as a result of the contribution to the social security system concerned.

On the website of the Dutch portal you will also find a checklist which lists the data needed to complete a notification in the online notification portal.

Entry into force

The duty to notify will apply from 1 March 2020. You are not required to notify temporary postings that began before 1 March 2020. You can already notify your temporary postings that begin on, or after 1 March 2020 as of 10 February 2020.

For more information, please contact Legal Partners via legalpartners@partena.be or by phone on 02/549.30.20.

Sources: https://www.postedworkers.nl/; https://www.rijksoverheid.nl/onderwerpen/buitenlandse-werknemers/meldingsplicht-buitenlandse-werknemers