Third-country nationals
Third-country nationals
If, as an employer (established in the European Union (EU)), you post workers from outside the EU to the Netherlands, these workers are ‘third-country nationals’. Third-country nationals are workers who are not nationals of one of the Member States of the European Union, the European Economic Area (EEA) or Switzerland. Rules apply if you post these third-country nationals to the Netherlands. It is important to know what these rules are.
Main terms and conditions
- It must be a genuine posting. This means, among other things, that your company carries out substantial activities in the European country where you are established. Your employees can only come to work in the Netherlands temporarily. Not sure whether you are posting workers? Visit this page for more information.
- The third-country nationals can legally work and reside in your country. Check whether the third-country nationals have a valid work and residence permit.
- The third-country nationals usually work in your country. A third-country national cannot be posted to the Netherlands immediately after taking up employment in your country. The posting is temporary. Third-country nationals go back to work in your country after being posted to the Netherlands, or back to their country of origin.
Terms and conditions for the employment of third-country nationals
Posted third-country nationals are entitled to the same terms and conditions of employment as posted workers with EU nationality. This means that they are entitled to the terms and conditions of employment of the country where you are based, but also to the main Dutch terms and conditions of employment. For example, this includes the Dutch minimum wage.
Example
Someone from Uzbekistan has been working for your company in Poland for a couple of years. You post this employee to the Netherlands for a two-month assignment. In this case, your employee is entitled to all the terms and conditions of employment that apply in Poland, as well as the core terms and conditions of employment applicable in the Netherlands.
Provide the details of your third-country-national employees in the notification portal
As an employer from the EU, the EEA or Switzerland, are you temporarily posting workers to the Netherlands? If so, you must notify their arrival in advance. You can this in the Dutch online notification portal. A notification must always be submitted for posted third-country nationals. You can notify in Dutch, English or German. You can submit notifications for more than one employee at the same time.
Frequently asked questions
Are self-employed persons with third country nationality allowed to post themselves?
No, they are not. Self-employed persons without a valid passport from the EU, the EEA or Switzerland are not entitled to the free movement of services. Self-employed persons are not employed by an employer that has the right to post workers. It is therefore not possible for self-employed persons to post themselves, even if they are established in the EU, the EEA or Switzerland.
Are there additional rules for posted third-country nationals?
In some cases, you as the employer, must apply for a residence permit for the posted third-country national(s). In addition, the normal rules for posting apply. Posted third-country nationals are thus only allowed to work in the Netherlands temporarily. And they may be posted only if they usually work in the country from which they are posted.
Is a third-country national in the Netherlands for more than 90 days within a 180-day period? Then you, as the employer, must apply to the IND (Immigration and Naturalisation Service) for a residence permit for the cross-border provision of services.
Why do the rules exist for posted third-country nationals?
The rules are in place to protect workers and combat unfair competition. With these rules, we ensure that third-country nationals can also work in the Netherlands under safe, healthy and fair conditions.
What happens if you do not comply with the rules?
The Netherlands Labour Authority checks whether employers comply with the rules. Are you not in compliance? Then you may be fined.