Effective 1 March 2020, employers in the EEA (EU Member States plus Iceland, Liechtenstein and Norway) or Switzerland sending their employees to work temporarily in the Netherlands must submit a notification of the posting via a new online portal. The portal will be open from 1 February to notify postings that begin on or after 1 March.
The notification must include details of the posted worker and their employer, the service recipient (client company in the Netherlands), the address where the work will be performed, a description of the work, and how long it will take, a contact person in the Netherlands, and an A1 declaration or other proof of social security coverage.
Client companies in the Netherlands that receive a service from an employer in the EEA or Switzerland and host a posted worker are obliged to check whether the employer abroad has correctly notified the posting.
Self-employed persons are only obliged to notify if they come to work in certain sectors.
There is no duty to notify in the following cases:
- if the employees perform work in certain sub-sectors of the transport sector;
- if the employees perform work in the public administration sector, public services or extraterritorial organisations;
- if the employees perform incidental work in the Netherlands. This includes business meetings, urgent maintenance and repairs or attending conferences.
In some cases, the employer only has to notify once per year. The one-year notification applies to small businesses (one to nine employees), to certain self-employed persons, and to the freight transport by road sector. A one-year notification does not apply to the construction sector or to the temporary employment sector.
Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.
For general advice and information on immigration and business travel to the Netherlands, please email us at email@example.com.