Introduction of notification requirement for secondees in the Netherlands postponed
What is the situation with the Posted Workers in the European Union Act (WagwEU)?
The introduction of a digital notification system in the Netherlands under the Posted Workers in the European Union Act (WagwEU) has been delayed. The first of January 2019 has now been named as the target date for the introduction of the notification requirement.
The WagwEU: what was that again?
The WagwEU, which has already been in effect in the Netherlands since 18 June 2016, relates to the terms and conditions of employment that apply to employees of European companies who work on a temporary basis in the Netherlands. The Act stipulates that a so-called “hard core of terms and conditions of employment” applies to such employees during their employment in the Netherlands. The Act also stipulates that European employers are subject to a notification requirement during their secondment to the Netherlands, and are required to designate a contact person at the workplace to whom inspectors can direct their questions.
The employer of such secondees is also subject to an administrative requirement, under which they must document certain specific details concerning the secondees and provide these details on demand. Lastly, the employer is subject to a notification requirement, under which they must report, prior to commencement of the relevant tasks, that employees are to come to the Netherlands to work for them on a temporary basis. The recipient of the relevant services is in turn required to check and verify this notification.
The notification must be addressed to the Ministry of Social Affairs and Employment (SZW), for which purpose a digital reporting system is to be established. Over the past year, preparations in this regard were made by SZW, the Tax and Customs Administration and the Social Insurance Bank (SVB), with the latter being assigned final responsibility for the notification requirement. Delays in implementing the system have however become so substantial that introduction has now been postponed until the first of January 2019.
What must I look out for now as employer?
If you have employees from another EU member state temporarily seconded to you, you fall within the scope of the WagwEU, and are subject both to an administrative requirement and a notification requirement. The employees in question are entitled to the so-called hard core of terms and conditions of employment, including coverage under your CBA, if your company has a CBA which has been declared binding.
The fact that, as it presently appears, the notification requirement will not come into effect until 1 January 2019, does not mean that the remaining obligations under the WagwEU do not have to be fulfilled now. A number of components of the Act also feature fines which already apply in the event of observed noncompliance.
European legislation in this area will also apply if you temporarily post Dutch employees to another EU member state. I.e., other EU countries also have, or are required to introduce, legislation equivalent to the WagwEU.
To sum up, as concerns temporary work in the Netherlands, it is in any case advisable to inventory in advance the obligations with which you must comply. Interfisc can help and advise you in this regard, to ensure that you are compliant with the various obligations to which you are subject in connection with cross-border work. Feel free to contact us.
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