Working abroad within the EU – Are you a posted worker?

This article is provided by our partner: Santa Fe Relocation

Are you working in The Hague area on a temporary basis, and are you originally from another country within the EU, EEA or from Switzerland? Then you are most likely a ‘posted worker’.

An international employee is considered a posted worker when they perform temporary work activities in an EU/EEA Member State or in Switzerland, and normally perform their work activities in another EU Member State, EEA or Switzerland, under an employment contract. All posted workers fall under the ‘Posting of Worker’ directive, which is part of EU legislation.

In short, this means that you are a posted worker when you either:

• have work based in the EU/EEA or Switzerland, and will work temporarily in the Netherlands

or

• are based in the Netherlands and are performing temporary work activities in an EU/EEA country, or Switzerland.

In both cases, your employer will have to comply with the ‘Posting of Worker’ directive. You can find more details on this legislation for the Netherlands in the ‘Employment Posted Workers in the European Union Act’. Follow this link for a fact sheet.

If you are a posted worker, your employer has several responsibilities. Employers must provide social protection to posted workers, to prevent unfair competition and exploitation within other countries. This is because different working conditions can apply in different countries.

When an employer follows these responsibilities, equal working conditions in the host state can be ensured. These work conditions include minimum wage, a maximum number of working hours, a minimum for rest time, health and security conditions and the assurance of anti-discrimination laws.

Also, employers of posted workers have the following obligations:

• Obligation to provide information
• Obligation to indicate a contact person
• Duty of administration (including an A1 statement)
• Per 1 March 2020, employers will most likely have the duty to report whether they employ posted workers

In the Netherlands, inspectors of the Ministry of Social Affairs and Employment will be following up on these obligations for foreign employers. If the rules of the posted worker directive are not followed, the inspectors can fine these employers.

Are you looking for more information, or are you perhaps an employer looking for advice? Visit Santa Fe Relocation’s website for more information about posted workers.