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Notify the government: posted temporary workers from EU countries in the Netherlands. What are the exceptions?

24-01-2020

In 2016 the Netherlands have made Terms of Employment Posted Workers in the European Union Act (WagwEU). This means that posted workers are entitled to at least the main terms of employment regulated by Dutch law, such as the minimum wage and a minimum number of paid days off. The Act also regulates how the Inspectorate SZW will inspect this.

As of 1 March 2020, there is a duty to notify. Employers abroad from one of the member states of the EEA (EU-countries, Norway, Iceland and Liechtenstein) or Switzerland must notify their work and the arrival of workers who are coming to work temporarily in the Netherlands through the Dutch notification portal in advance. It is also for self-employed persons working in certain sectors.

There is a very important exception for artists and sportsmen in cases of "incidental work". This is the case if their stay does not exceed 6 consecutive weeks within a 13-week time period. Self-employed artists and sportsmen also do not need to notify because they are not mentioned in the certain sectors who qualify for the notification duty.

Temporary postings can be notified as of 1 February 2020.

duty to notify WagwEU