Mandatory registration of temporary workers
08.09.2021From March 1, 2020, foreign builders, cleaning workers, agricultural workers and many others are required to register! People who come from EEA countries and Switzerland for temporary work in the Netherlands, as well as their clients, will be required to report their activities through the online portal. The registration certificate will need to indicate, among other things, the nature of the activity, the period of work and the number of posted employees.
Why do it?
The main purpose of this law is to ensure that temporary appointments are indeed temporary. Posted workers should not influence competition in the labor market and should not be subject to relevant regulations.
Who is covered by this obligation?
The notification requirement applies to foreign employers and self-employed persons from the European Economic Area (EEA) and Switzerland who intend to work temporarily in the Netherlands.
These are:
- employers from an EEA country or Switzerland who intend to work with their own employees in the Netherlands
- multinational companies that send employees to their branch in the Netherlands
- temporary employment agencies from EEA countries or Switzerland that provide temporary workers in the Netherlands
- independent entrepreneurs (self-employed) who are going to come to temporary work in the Netherlands
However, not all workers arriving in the Netherlands need to be registered. In the case of self-employed persons, the notification obligation only applies to independent entrepreneurs who work in certain sectors. These sectors include:
- building;
- cleaning of premises
- food industry;
- metalworking;
- service and care
- washing windows
- agriculture and gardening.
The full list can be viewed here:
https://www.postedworkers.nl/faq/vraag-en-antwoord/moet-ik-mij-als-zelfstandige-ook-melden
You can determine which sector you are in by using the Standard Business Classification (SBI) website: https://sbi.cbs.nl/... There you will be able to choose a sector that fits your activity.
What is included in the notification obligation?
Foreign employers sending personnel to the Netherlands must fulfill a number of administrative obligations:
- register temporary workers on the Dutch online notification portal: postedworkers.nl;
- have supporting documents available such as payrolls, working hours and receipts
- have a responsible person in the Netherlands who can contact the SZW (Dutch Ministry of Social Affairs and Employment) and act as a contact person. This is an employee, the client's company must provide you.
What data do you need to provide?
You can find all the necessary data in our infographic at the bottom of this page.
All this data will need to be uploaded before starting work on the postedworkers.nl portal, you can enter it in three ways:
- If you are an entrepreneur and are registered with the Chamber of Commerce (KvK), you can enter using a universal electronic key - eHerkenning (if you do not already have one, you can order it from us)
- You can also log in using your username and password from eIDAS - EU regulation on electronic identification and trusted services
- If none of these methods suits you, you can register an account directly on the portal
What is required from the receiving party (client)
If a Dutch organization decides to temporarily hire a company or self-employed worker from a country within the EEA or Switzerland, it is responsible for checking that the form on postsworkers.nl has been completed correctly. As soon as the foreign service provider notifies its arrival in the Netherlands, the receiving party is notified and can view and verify the information online. If the inspection finds any errors or inaccuracies, the Dutch organization should report this to the online help desk and ask the foreign service provider to correct the information. She must do this within 5 days from the date of receipt of the notification.
What is the threat of non-compliance with the requirements?
If the inspection reveals that temporary workers are not registered on the Dutch online portal, the service provider will have to pay a fine. The amount of the fine depends on the number of unregistered posted employees:
- less than 10 employees - 1500 euros
- from 10 to 19 employees - 3000 euros
- 20 and more employees - 4500 euros
For the self-employed, the fine is € 3000.
If the inspection, when visiting the project, did not find at the workplace (in printed or digital form) such documents as: an employment contract, a statement on the amount of wages, confirmation of the number of working hours, etc., then the foreign company will have to pay 8000 euros (regardless of the number of workers).
The receiving party was also not ignored by the law. If the client does not check the registration application within 5 days after receiving the notification, he will have to pay between 750 and 1500 euros (depending on whether the receiving party is a company or an individual).
As we can see, the registration process is quite large-scale. If you are not sure that you can handle the design yourself, our specialists are always ready to help! We will fill out the forms according to all the rules and send a notification on time. You can order the service in the online chat on our website or by contacting us by phone: +31 (0) 85 54 00 200, mail: info@nalog.nl or via messengers.
