I post my drivers in the Netherlands
I post my drivers in the Netherlands
Do you, as a transport company, post drivers to the Netherlands? If so, take note: there is a new law in Europe for posting in international road transport.
The new law
Since June 2023, there has been a new law in the Netherlands. Under this new law, posted drivers are entitled to the terms of employment that apply in the country where they drive. Are your drivers posted in the Netherlands? If so, you are required to offer your drivers Dutch terms of employment. The new European law provides clarity and ensures that transport in the EU is fair and safe for all.
When should I offer my drivers Dutch terms of employment?
Is your transport company based in the EU, Liechtenstein, Norway or Iceland? And do you post your drivers to the Netherlands? In that case, you are required to offer them Dutch terms of employment. Whether your drivers are posted in the Netherlands has to do with several aspects. Cabotage and third-country transport are always considered posting, for example. Bilateral transport is usually not. Doubts about whether your drivers are posted? You can easily check this using the online tool below.
What are the Dutch terms of employment?
These are the Dutch terms of employment to which posted drivers are entitled in the Netherlands:
- the statutory minimum wage
- rules for working hours and rest periods
- safe working conditions
- equal treatment of men and women
- a minimum number of holidays and leave days
In some cases, a ‘universally binding collective agreement’ applies. In that case, the core employment terms of that collective agreement will apply. Read more about that here.
Are the Dutch terms of employment better than those your drivers are currently receiving? If so, you will need to adjust the terms of employment and inform the drivers.
Duty to notify
Besides offering drivers the right terms of employment, you are also required by law to report posted drivers. This is usually done in the European IMI portal. In some cases, you need to make a notification via the Dutch online notification portal. Find out where to report drivers here. Notifying is mandatory. By notifying, you help prevent unfair competition and ensure good working conditions for your drivers. If you fail to submit a notification for your drivers or fail to give them the right terms of employment, you risk being fined.
Find out more
Do you have any questions about this law? Or would you like to know more? If so, get in touch here.