You may already have heard of the implementation of the Terms of Employment Posted Workers in the European Union Act. In Dutch this is “Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie” (WagwEU). This law was enforced in June 2016 and has replaced the “Wet arbeidsvoorwaarden grensoverschrijdende arbeid” (WAGA).
Just for posted workers, not for local hires
Important to know that this directive only concerns posted workers, so employees who are on assignment to another EU country. If you hire EU employees (on the Dutch payroll) this regulation is not applicable.
The WagwEU entails obligations regarding the working conditions of posted workers in the Netherlands. This will affect you and your company if you would like to use the services of employees from other EU member states, another country within the European Economic Area (EEA) or Switzerland.
Posting of employees to the Netherlands is temporary and may last up to 12 months, with a possible extension of 6 months. After this period you will have to consider to offer a local contract or to end the assignment.
Existing obligations since June 2016
For employees who are currently posted in the Netherlands, there is already an information obligation towards the Ministry of Social Affairs and Employment (SZW). Furthermore, it is required that certain documents are available on the work location. Among these are for example the employment contract, salary statements and payslips, an administration of working hours, evidence of social security, and proof of identity of service provider, service recipient, and posted worker. In addition, it is mandatory to designate a contact person with whom the SZW can exchange information about the posting.
New obligation from 1 March 2020
In addition to the existing obligations, postings beginning on the 1st of March 2020 or after have to be reported online. The foreign employer of the posted worker is responsible for notifying the posting to the regarding Dutch authority. And the receiving host employer in the Netherlands must ensure that this has been done before the start date of the posting. As of the 1st of February 2020, temporary postings starting on the 1st of March 2020 or after, can already be notified online.
Fines for non-compliance
Fines from € 12.000 per case may be imposed if the foreign employer insufficiently complies with the information obligation and/or the administrative requirements.
Need our assistance?
Anywr Netherlands will offer posted workers assistance. More info will follow soon!
