The Netherlands is one of the most common destinations for posting workers, especially in industries such as construction, logistics, industry or agriculture. However, in order to legally delegate an employee to work in the Netherlands, it is necessary to comply with a number of formalities. Knowledge of the regulations is fundamental – it allows you to avoid not only penalties, but also problems during a possible inspection.
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Basic requirements for posted workers
Notification of posting (Meldplicht)
The employer is required to report the posting of the employee to the Dutch inspection authority. The notification must be made before the work begins; a minimum of one day in advance.
Form A1
Posted employees must have an A1 form, which confirms that they are still subject to the Polish social security system. This document is issued by the Social Insurance Institution (in the case of employees delegated under an employment contract, the certificate is requested by the employer) and is key to avoiding double payment of contributions.
Minimum terms and conditions of employment
Employees posted to the Netherlands are subject to the provisions of the labor law there
regarding minimum wages, working hours, wage supplements and conditions
health and safety. Make sure that the wages paid are not less than the
applicable minimum rates for the industry in question.
Documentation for the time of inspection
During a secondment to the Netherlands, the employee and the employer must carry a set of documents, such as the employment contract or A1. Depending on the place of posting, the nature of the work performed and the duration of the project, the inspection may require additional formalities.
Secondment of self-employed persons
Self-employed persons are also subject to reporting to
Dutch institutions. A self-employed person should:
- have an EU VAT number and a registered business in Poland
- demonstrate professional independence – he cannot work exclusively for one
principal in the Netherlands to avoid the risk of his activities being considered disguised
employment - have an A1 form confirming submission to the Polish insurance system
- Meet industry requirements and have the necessary licenses (e.g., in construction)
Secondment of foreigners
Additional requirements apply to non-EU employees. In order to post a foreigner to the Netherlands, it is necessary to have a valid work permit in Poland and to meet the requirements for legalization of residence and employment. The employee must also have access to all required documents in case of an inspection.
Summary
The regulations on posting to the Netherlands are detailed and require diligence in complying with them. Failure to comply with formal obligations can result in hefty financial penalties, so it’s a good idea to take care of all documents in advance and make sure that the posting is done in accordance with the applicable regulations.
