New minimum wage rates in the Netherlands from July

On 1 March 2020, new regulations came into force in the Netherlands, requiring companies to report workers posted to work in the Netherlands using a dedicated platform.

Who should be registered?

The Terms of Employment Posted Workers in the European Union Act (WagwEU) makes a distinction between employers abroad, self-employed persons, and clients (service recipients).

Employers abroad are foreign employers who:

• go to the Netherlands temporarily with their own personnel to carry out work;
• second employees temporarily from a multinational company to its own branch in the Netherlands; or
• as a foreign temporary employment agency, make temporary agency workers available in the Netherlands, for a period of time

Self-employed persons who go to the Netherlands on a temporary posting are obliged to notify in some cases.

Clients (service recipients) are the clients or companies for whom the employer abroad or self-employed person works.

If a company abroad or self-employed person contracts a third company to perform all or part of the work for a Dutch client , this involves subcontracting. In that case, the employer abroad or self-employed person functions as a client (service recipient). The third company notifies its own personnel and the employer abroad or self-employed person reviews the notification.

What details are needed?

According to the Dutch Ministry of Social Affairs and Employment, employers abroad should notify at least the following:

• the identity of the person submitting the notification;
• the details of their company;
• the contact person, as referred to in Article 7 of the WagwEU;
• the identity of the client (service recipient);
• the sector in which the activities will be carried out in the Netherlands;
• the address /place where the work will be performed;
• the expected duration of the work;
• the identity of the person responsible for payment of salary/wage;
• the identity of the employees coming to the Netherlands to work;
• the presence of an A1 declaration or other type of evidence that shows where the social security contributions are paid for the employee(s), because of the contribution for the relevant social security scheme.

Self-employed persons with a duty to notify must among other things notify their identity, the identity of the client, the sector in which the activities will be carried out, the address /place where the work will be performed, the duration of the work, and information about where social security contributions will be paid.