Posting of workers to the Netherlands
Companies registered in Poland that post workers to the Netherlands are required to notify them as of March 1, 2020. This requirement applies to both companies and temporary work agencies, which are most often the employers for people going on posting to the Netherlands. The obligation also covers the posting of citizens from third countries.
This allows the Dutch government to ensure that those working temporarily in the country do so in safe and dignified conditions. This makes it possible to verify that relevant Dutch regulations are being complied with, in addition to preventing unfair competition.
Posting of workers to the Netherlands - mandatory notification
Notification is the process of reporting the data of people sent to the Netherlands for posting by foreign employers to a system available on a dedicated portal. Employers must make it before the employees arrive in the Netherlands, providing detailed information about their work, the duration of the work, the place of performance and the details of all parties involved in the posting. For the notification to become valid, it is necessary for the service recipient to confirm it in the Netherlands.
Foreign employers must comply with the notification requirement regardless of the sector in which their employees will be employed, as well as their nationality. This also applies to employers within multinational companies posting employees to branches in the Netherlands.
Self-employed persons operating in Poland and operating in the Netherlands must also comply with the notification requirement. This applies to industries such as construction, industry, agriculture, horticulture, food processing, cleaning and transportation. It is advisable to check each time whether the sector in which the self-employed person operates is subject to this obligation.
Transportation in the Netherlands
Similar to MILOG, regulations in the Netherlands cover posted drivers working for a company based in the European Union. A driver is considered a posted driver if he or she meets certain established criteria, such as participation in cabotage or cross-trade. In most situations, posted drivers must be registered on the European Notification Portal (IMI).
Seconded drivers are entitled to receive the Dutch statutory minimum wage in accordance with the applicable collective bargaining agreements (cao), as well as a minimum number of vacation days. In addition, they are entitled to equal treatment and to enjoy certain conditions of employment that are standard in the EU member state where they perform their tasks.
Penalties for failing to comply with obligations related to a delegation to the Netherlands
Failure to comply with the notification requirement results in severe penalties. Foreign employers can be fined heavily for failing to notify the posting of workers to the Netherlands, and the amount of the fine increases as the number of non-notified employees increases. A self-employed person who fails to make a notification and who does not have, or does not provide within the established timeframe, the relevant documents proving his work is also subject to adequate sanctions.
Why choose IMPOL?
IMPOL, as a representative of hundreds of foreign companies in France, has developed over the years an online secondment management know-how that allows you to manage all your secondment responsibilities. Including storing mandatory documents, managing seconded employees. Applications for SIPSI declarations and/or BTP cards. We work 7 days a week to ensure that your project is carried out in accordance with local labor laws, which will translate into a smooth stay for your employees and the completion of the assigned work.
Representative
We support you through the entire process of posting employees to France. We provide advice. We assist you in emergency situations. We apply for special permissions to ensure maximum impact and profitability.
Application and documentation management
Depending on your needs, we will take care of all the formalities related to posting to France , from setting up the account to the declaration of the posted employees.
Assistance in case of inspections
We intervene in the event of an inspection by an inspectorate, providing the required documents for the necessary to justify compliance with posting obligations. As a sworn Polish-French translation agency and having our own lawyer specializing in social law, we offer you comprehensive care.