Employee

Do you work in a country in the EU or the EEA or in Switzerland? And will you be posted temporarily to work in the Netherlands, but still remain an employee of your employer? In this case, your employer must submit a notification of your arrival in the Netherlands via the Dutch online notification portal. This way, the Dutch authorities can check whether you are offered the right terms and conditions of employment.

Are you temporarily employed by a Dutch employer? In that case, legislation on posting does not apply to you. You can find more information about your rights and obligations at workinnl.nl.

Please note:

Are you posted via a temporary employment agency in your home country, or within the transport sector? In that case, the rules are slightly different. Go to:

Notification of your arrival by your employer

Your employer will provide the following information about you via the notification portal: your name, your date of birth, your nationality, your identity number, information about where your social security contributions are paid, and possibly your email address. Would you like to know whether your information has been submitted for notification and what information on you is held in the notification system? You can find this out from your employer.

Employment rights in the Netherlands

Your employer must submit a notification of your arrival because during your period of employment in the Netherlands, you are entitled to the main employment rights that Dutch workers have. Your employer must offer you at least these employment rights. Once your employer in the Netherlands has submitted a notification of your information via the Dutch online notification portal, it is easier to check whether your employer is complying with these employment rights.

Are the terms and conditions of employment better in your home country?

If the terms and conditions of employment in your home country are better than in the Netherlands, then the terms and conditions of your home country apply. This will be assessed for each of the conditions of employment. It is up to your employer to check whether this is the case.

For example: if the minimum wage in your home country is more favourable, you are entitled to the minimum wage of your home country. However, you are also entitled to, for example, the more favourable Dutch rules on rest periods, holidays, safe working conditions and equal treatment.

The first 12 months

Legal Dutch employment conditions

The main Dutch employment rights to which you are entitled in the first 12 months are:

These employment rights are set out in Dutch labour law and apply from the first day of your posting.

Collective agreement

In sectors governed by a universally binding collective agreement applies, you are entitled to the key employment conditions under this collective agreement for the first 12 months.

For example:

additional rules on working hours and sufficient rest periods;
the minimum number of days of paid holiday and additional holiday allowance;
the remuneration*, consisting of:
the applicable wage scale per week, per 4 weeks or per month;
the applicable working time reduction per week/month/year/period;
allowances for overtime, shifted hours and irregular hours, e.g. public holiday allowance and shift allowance;
interim pay rise;
reimbursement of costs incurred: this includes the costs that are necessary to carry out your work, such as travel, board and accommodation costs if you are away from home for your work and from your usual place of work in the Netherlands;
an annual pay rise;
a year-end bonus;
rules for making employees available, such as health, safety and hygiene at work;
protective measures for pregnant workers or workers who have recently given birth;
equal treatment of men and women; and
rules for the accommodation that your employer provides for you, if you are working in a place other than your regular place of work in the Netherlands.

* Some elements are not part of the remuneration:

contributions to occupational pension schemes,
social insurance provisions over and above the statutory entitlement, and
allowances paid to reimburse expenses related to the posting, such as travel, board and accommodation costs.

Which collective agreement in the Netherlands you are subject to depends on the type of work you do in the Netherlands. Work that is not done in the Netherlands falls outside the scope of the collective agreement.

The website of the Ministry of Social Affairs and Employment provides an overview of all collective agreements. Translations are available of the collective agreements applicable to the sectors in which most postings takes place in the Netherlands.

After 12 months

After 12 months (or in some cases 18 months), you are entitled to an extension of the main employment rights. Namely:

all employment rights laid down by Dutch labour law and universally applicable collective agreements.

An exception to this are:

additional agreements on occupational pensions and the conclusion and termination of the employment contract.

* If your assignment in the Netherlands lasts longer than expected, your employer can submit a request to extend the period during which you are only entitled to the key employment conditions to 18 months. Your employer can submit the request in the notification office. You will then be entitled to the full terms and conditions of employment from the 19^th month.

Important info:

Reimbursement of costs incurred

Allowances and supplements you receives for expenses incurred whilst performing the work may not be considered part of the wages. Examples include travel, board and accommodation costs. This is therefore in addition to the wage you receive and are entitled to. Your employer must clarify on the payslip which part is wage and which part the expense allowance. That way, it is clear that you receive the pay you are entitled to by law or under the collective agreement and that the expense allowance is extra.

Want to know more about living and working in the Netherlands?

Visit workinnl.nl for general information on living and working in the Netherlands. This website explains your rights and obligations and what you need to arrange. This will help you to have a fair, healthy and safe stay in the Netherlands while living and working here. You can also find more information here on pay, collective agreements and who to contact if you have questions about your pay.

FAQs

I am being posted from a multinational company. Am I entitled to these employment rights?

Yes, these employment rights also apply if you are posted from a multinational company to a branch in the Netherlands.

The employment rights to which I am legally entitled are not being applied. What can I do?

The first step is to talk to your employer about this. Let them know what you are entitled to. Is your employer still not taking any action? You should then contact your trade union. Are you not a member of a trade union? In that case, you should contact the Netherlands Labour Authority.

I am being posted from an employment agency in my country to the Netherlands. Am I entitled to these employment rights?

Yes, in that case you are entitled to additional employment rights from day one. Read more about it on the ‘terms and conditions of employment for posted workers employed by a temporary employment agency’ page.

My employer is refusing to disclose the information contained in the notification submitted via the notification portal. What can I do?

In this case, you can send us a request together with reasons. We will try to respond to your request within 4 weeks.

To be able to respond as efficiently and effectively as possible, it is important that your request is as complete as possible. Therefore, please send us a copy of your valid proof of identity, which you can do for example by using the KopieID smartphone app. Without valid identification, your request cannot be processed. Once your identity has been established, the copy of your proof of identity will be deleted immediately.

I can see that the notification submitted via the notification portal is incorrect. What can I do?

Are the details that have been submitted for notification incorrect? In that case, ask your employer to update the information. If your employer refuses to do so, you can send us a request together with reasons to have your data amended. The Netherlands Labour Authority may then ask your employer or their contact person to amend the notification. If the notification is indeed incorrect, the Netherlands Labour Authority can impose a fine on your employer. We strive to respond to requests within 4 weeks. Once again, we ask that you submit your request as complete as possible, with a copy of your valid proof of identity, as described above.

I am replacing a posted colleague in the Netherlands. What am I entitled to?

If you take over the same work from the posted colleague in the same place of work, this will be regarded as a single posting. Therefore, after 12 months, the full conditions of employment apply. Suppose your colleague worked on a project for the first 8 months and you are assigned the project after 8 months, you are entitled to the full terms of employment after only 4 months.