As per 1 June 2023, Dutch legislation on cross-border posting in the road transport sector has entered into force. This legislation affects drivers working for a transport company in another EU country but performing certain work activities in the Netherlands. The objective of the new rules is to render road transport in the European Union fair and safe for everyone, for example by ensuring that the posted drivers are subject to the laws of the country they work in and are therefore properly remunerated.

What does the Dutch legislation entail?

The new legislation implements European rules on the posting of drivers in the international road transport sector. The legislation will be the same in all EU Member States, creating a more level playing field within Europe. The legislation requires transport companies to offer posted drivers the proper (solid core of the) employment conditions. Previously, it was sometimes unclear whether drivers were or were not posted. The new rules on posting provide clarity about the situations in which drivers are or are not posted.

What entitlements do posted drivers have?

Posted lorry drivers are inter alia entitled to the statutory minimum wage or the wage under the collective labour agreement, a minimum number of holidays, equal treatment, and certain working conditions applicable in the EU country they work in. So as to be able to inspect this, transport companies are required to report their posted drivers via the European online reporting desk (IMI).

Are transport companies always required to report drivers?

The reporting requirement only applies to posted drivers working for a transport company established in the EU. Multiple factors must be considered to determine whether drivers are posted. For example, cabotage operations or “cross-trade” operations must be performed. In almost all cases, posted drivers must be reported via the European online reporting desk (IMI). In a few exceptional cases, the drivers must be reported via the Dutch reporting desk only. This depends on the exact work activities performed by the driver.

What does this legislation mean for transport companies?

All transport companies in the EU are required to report their posted workers. They must also make sure their drivers are paid the correct wages. Whenever drivers work in a country where the minimum wage or the wage under the collective labour agreement is higher or lower than in their home country, they are entitled to the higher wages. Transport companies in EU Member States posting their drivers in the Netherlands must offer them at least the Dutch employment conditions. Dutch transport companies posting their drivers in other EU Member States need to check whether the wages payable in the country the driver is working in, exceed those payable in the Netherlands. A useful overview of the employment conditions in other EU Member States is available on Your Europe.

Useful tool: find out whether to report a driver in 3 minutes

The Ministry of Social Affairs and Employment is currently developing a useful tool that allows transport companies to verify, in 3 minutes, whether they are required to report drivers and, if so, using which reporting desk. This tool is expected to be available via postedworkers.nl/transport by mid June.

Please note! Enforcement action is being taken

The Netherlands Labour Authority checks whether transport companies comply with the rules. Transport companies required to report their drivers but failing to do so may incur a fine.

More information

For more information, please visit postedworkers.nl/transport. Should you be unable to find the answer to your question, ring the Central Government via telephone number 1400.