Third-country nationals

Is your employer posting you to the Netherlands on a temporary basis? Do you not have the nationality of a Member State of the European Union (EU) or European Economic Area (EEA), or Switzerland, but you are employed by an employer established there? Then you are entitled to the main Dutch working conditions.

Rules for posting

Are you being posted to the Netherlands? Then the following rules apply:

It must be a genuine posting. This means, among other things, that the company you work for carries out substantial activities in the European country where it is established. You may only work in the Netherlands on a temporary basis. Not sure whether you are being posted? Visit the page ‘When does an activity constitute a posting?’ for more information.
You work and reside legally in the European country where your employer is based. Check whether you have a valid work and residence permit.
You usually work in the European country where your employer is based. Therefore, you cannot be posted to the Netherlands immediately after arriving in that country.

Working conditions to which you are entitled

Is your employer allowed to post you to the Netherlands on a temporary basis under the rules? Then you are entitled to the main Dutch working conditions.

The first 12 months

You are entitled to a main set of working conditions:

If a generally binding collective bargaining agreement (cao) applies, you are also entitled to the main working conditions stemming from that agreement. The period in which only the main working conditions apply may sometimes be extended to 18 months.

Important! Different rules apply to posted temporary agency workers.

After 12 months

You are entitled to an extension of the main working conditions: all working conditions based on Dutch labour law and all generally binding provisions stemming from collective bargaining agreements (caos). Exceptions to this are additional agreements on occupational pensions and the conclusion and termination of the employment contract.

Are the working conditions better in your own country?

If the working conditions in your home country are better than those in the Netherlands, then those conditions apply. This is assessed for each of the working conditions. For example: minimum wage, rest periods, paid holidays, safe working conditions, and equal treatment. Your employer is responsible for checking this.

Example

If the minimum wage is higher in the country where you work, then you are entitled to that wage. Are there more paid holiday days in the Netherlands? Then you are entitled to that number of holiday days. In this case, you get the highest minimum wage and the most holiday days.

Duty to notify

Your employer must submit a notification of your arrival in the Netherlands via the Dutch online notification portal. This allows the Dutch government to check whether you are given the correct working conditions.

Frequently asked questions

The working conditions 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? Then you should contact the Netherlands Labour Authority.

Do I need a work and residence permit for my posting to the Netherlands?

Yes, you need a valid work and residence permit in the country where your employer is based. Will you be in the Netherlands for more than 90 days within a 180-day period? Then your employer must also apply for a Dutch residence permit for cross-border service provision from the IND (Immigration and Naturalisation Service).

I am being posted by 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.

I am replacing a posted colleague in the Netherlands. What are my rights?

If you take over the same work from the posted colleague at the same place of work, this will be regarded as a single posting. Therefore, after 12 months, the extended working conditions apply. Suppose your colleague worked on a project for the first eight months before you are then assigned the project. In that case, you are entitled to the extended working conditions after only four months.

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

In that case, you can submit a reasoned request to the Dutch Ministry of Social Affairs and Employment. You will receive a response within four weeks.

Want to know more about working and living in the Netherlands? Then go to workinnl.nl.