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Fines for violations of the Employment Conditions of Posted Workers in the European Union Act (WagwEU)

Service providers from the European Economic Area (EEA) and Switzerland who temporarily come to perform work with their personnel in the Netherlands are subject to the Employment Conditions for Posted Workers in the European Union Act (WagwEU). This law states that employees are entitled to certain working conditions that the Netherlands has determined under the Posting of Workers Directive. The Inspectorate SZW checks on this.

Obligation to report foreign service providers from the EEA and Switzerland

Foreign service providers from the EEA and Switzerland who temporarily come to perform a service with their personnel in the Netherlands must notify this in advance. You can do this online via our reporting desk. This reporting obligation applies to temporary services that start on or after 1 March 2020. On postedworkers.nl you will also find more information and frequently asked questions about what this means for the service provider and self-employed person from outside the Netherlands and for their client.

Mandatory inspection of (the correctness of) the report

Dutch companies that hire a company or a self-employed person reporting from a country within the European Economic Area (EEA; all EU Member States + Norway, Liechtenstein and Iceland) or Switzerland for a temporary assignment in the Netherlands are (as a customer / client / service recipient) required to check whether the report has been entered correctly in the reporting desk on postedworkers.nl. They receive a message when the foreign service provider or self-employed person has reported his arrival in the Netherlands and can view and check the report online. Are there any inaccuracies in the report? Then they can report this in the online reporting desk and ask the foreign service provider or self-employed person to correct the information.

Fine for service provider who does not meet administrative obligations

A foreign service provider must comply with a number of administrative obligations. A service provider who does not comply with the administrative obligations under the WagwEU risks a fine. The amounts of the fines are included in the Policy Rule on the Imposition of Fines Act for posted workers in the European Union.

Reduced fines for natural persons

In the case of a natural person, the fine is reduced by 50%.

Conditions that increase the fine and reasons for reducing the fine

The Policy Rule on the Imposition of Fines for the Employment Conditions of Posted Workers in the European Union includes situations under which the fine is increased by 50%. Also, on the basis of this Policy Rule and specific situations mentioned herein, the fine can be moderated (= reduced) by 25%, 50% or 75%.

Do you live and work in a country within the European Economic Area (EEA) or Switzerland, do you remain employed by your employer and are you coming to work temporarily in the Netherlands (secondment)? Then your employer is obliged to report your arrival. The EEA includes all EU Member States, Norway, Liechtenstein and Iceland.

If you come to the Netherlands with your employer for a temporary assignment, you are entitled to the most important Dutch employment conditions. This also applies if you are seconded from a multinational company to an establishment in the Netherlands or if you come to work via an employment agency in the Netherlands. These employment conditions are described in the Dutch labor law. In sectors where a collective labor agreement that has been declared universally applicable applies, you are also entitled to the hard core of the employment conditions from this collective labor agreement. You can read more about this under rights and obligations.

The main Dutch working conditions are:

  • the minimum wage
  • sufficient rest periods
  • safe working conditions
  • equal treatment of men and women
  • a minimum number of paid vacation days

The notification of your employer via our reporting desk makes it easier to check whether he complies with these employment conditions.