Employer / Self-employed person
In some cases of incidental work, you do not need to notify your employees.
These exceptions do not apply if you post an employee who is a national of a third country (a country outside the EU, EEA or Switzerland) under Article 4.6 of the Foreign Nationals (Employment) Act Implementation Decree (BuWav). Neither do these exceptions apply if you have a posting or assignment in the Netherlands as a self-employed person.
As an employer abroad, you do not need to notify your employees from the EU, EEA or Switzerland if you post them temporarily to perform the following types of incidental work:
- Initial assembly or the first installation of goods, carried out by qualified or specialised workers. This exception applies only if the work is an integral part of a contract for the supply of goods and is necessary for taking the goods supplied into use and the duration of the work does not exceed eight days, and it does not concern work in the construction sector.
- Urgent maintenance or repairs to tools, machinery or equipment supplied by the employer abroad to the service recipient in the Netherlands, for whom repairs or maintenance is carried out, or workers who install or modify the software provided by the employer abroad or who provide instructions on the use of that software. This exception applies only if their stay is necessary for these activities and does not exceed 12 consecutive weeks within a 36-week time period.
- Attending academic conferences, provided that the stay does not exceed five days per calendar month.
- Conducting business discussions or concluding agreements with companies or institutions, provided that the stay does not exceed 13 weeks within a 52-week time period.
- Employees who are employed as correspondents in the service of a publicity medium which has its head office outside the Netherlands.
- Participants in international sports competitions and their regular personal assistants, provided that their stay does not exceed six consecutive weeks within a 13-week time period.
- Artists and musicians and their regular personal assistants who give a performance, and visual artists, curators or restorers, provided that their stay does not exceed six consecutive weeks within a 13-week time period.
- Guest lecturers who work for a Dutch institute of higher education.
- Researchers and members of a research team employed by a university or research institution who take part in an academic programme of a university or research institution, provided that their stay does not exceed 13 consecutive weeks within a 52-week time period.