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12 February 2019 / news

FoodBit: Posted employees: notification obligation expected as per July 2019

The EU Posting of workers Directive and the Enforcement Directive require reporting of the posting employees to the local authorities.

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The Netherlands is expected to have the reporting system in place on 1 July 2019.

In the Netherlands the Directives have been implemented in Dutch law (the Terms of Employment Posted Workers in the European Union Act; WagwEU), in force since 18 June 2016.

When cross border posting of employees takes place within the EU, including as part of a service contract, a certain minimum of terms of employment must apply.

  • The WagwEU also imposes the obligation to have specific documents available at the (Dutch) place of work and ready for inspection, such as pay slips, timesheets, employment agreements of posted workers, proof of salary payments, identification details.
  • Furthermore, the posting employer/service provider has to appoint a contact person in the Netherlands who can be contacted by the authorities.
  • The WagwEU also requires for the foreign employer or service provider to report the posting (when, who, where) prior to the first work day in the Netherlands. The receiver must check the reporting took place correctly. These obligations will enter into force as soon as the internet tool for the reporting procedure is ready. The Dutch authorities expect to have the internet tool ready on 1 July 2019.
  • If requested, information must be made available to the competent authorities.

In case of violation of the WagwEU fines can be imposed up to € 12,000 per posted employee, to be doubled or tripled in case of recidivism.

It is important for the foreign employer/service provider as well as the Dutch receiving company/principal to have a proper administration in place. Our Employment & Benefits Team members are happy to answer your questions.