Exceptions to the duty to notify
There are a number of sectors for which it is not necessary to notify the arrival of your workers. Some occasional activities are also exempt from the duty to notify.
NB: these exceptions do not apply if you are posting a worker who is the national of a third country (a country outside the EU, the EEA or Switzerland). There are also other exceptions for self-employed persons. You can find out more here.
Exempt sectors
The sectors are determined on the basis of the Standard Business Classification (SBI). You do not need to notify the arrival of workers from the EU, EEA or Switzerland if they are posted to work in the following sectors:
- 49.1 Passenger rail transport (no tram or metro)
- 49.2 Freight rail transport
- 49.3 Passenger transport by road
- 49.4 Freight transport by road, provided that such operations consist exclusively of transporting goods through the Netherlands without loading or unloading in the Netherlands (transit transport)
- 50 Water transport
- 51 Air transport
- 53 Postal and courier activities
- 84.1 Public administration
- 84.2 Public services
Exempt activities
You do not have to notify the arrival of workers from the EU, EEA and Switzerland if they are posted to carry out the following types of occasional work temporarily:
Initial assembly of initial installation of goods
Assembly or installation must be carried out by qualified or specialist workers. This exception only applies if the work is an essential part of a contract for the supply of goods. Furthermore, the work on the goods must be essential in order for the goods to be operational. The work must not take longer than 8 days. In addition, the work must not be related to activities in the construction sector.
Repairs of emergency maintenance to equipment
The equipment must have been supplied by the non-Dutch employer to the Dutch client for which the repairs or maintenance are to be carried out. This also applies to software that workers come to install or modify, or in relation to which they provide training. The exception only applies if their stay is essential for these activities. Workers must not stay longer than 12 consecutive weeks within a 36‑week period.
Attending academic conferences
Attendees must not stay longer than 5 days per calendar month.
Attending business meetings or signing agreements with companies or institutions
Businesspeople must not stay longer than 13 weeks within a 52‑week period.
Foreign correspondents
Foreign correspondents must be employed by a news or publicity agency whose head office is outside the Netherlands.
Participants in international sports competitions (and their permanent employees)
Participants (and their permanent employees) must not stay longer than 6 consecutive weeks within a 13‑week period.
Artists and musicians (and their permanent employees) giving a performance; visual artists, conservators or restorers
Participants (and their permanent employees) must not stay longer than 6 consecutive weeks within a 13‑week period.
Visiting lecturers working at the Dutch higher education institution
Researchers and members of an academic team employed by a university or a higher education institution who are taking part in an academic programme run by a university or higher education institution in the Netherlands
They must not stay longer than 13 consecutive weeks within a 52‑week period.