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Posting of workers

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Foreign employers and self-employed workers sometimes send their workers or themselves to work temporarily in the Netherlands. This is called posting of workers. The regulates this type of posting in the Netherlands with regards to workers from the and Switzerland. 

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European Economic Area consist of the member states of the European Union, Norway, Liechtenstein and Iceland

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In Dutch: Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie (WagwEU)

This page primarily consists about information about the WagwEU in relation to collective labour agreements. For further information in general about the WagwEU and the rights and duties this law confers to relevant parties we refer you to the website https://english.postedworkers.nl/ . 

Dutch labour laws 

All temporary workers from EEA countries and Switzerland who work in the Netherland are entitled to the same main terms of employment according to Dutch labour laws as any other employee for the first 12 months. These include:

  • the statutory minimum wage;
  • rules on working hours and sufficient rest periods;
  • safe working conditions;
  • a minimum number of paid holidays;
  • equal treatment of men and women.

Collective labour agreements

Posted workers in the Netherland who work in a sector with are entitled to the main terms of this collective agreement for the first 12 months.

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In Dutch: Algemeen verbindend verklaarde collectieve arbeidsovereenkomsten. commonly abbreviated to: ge-avvde cao’s

 

  • additional rules on working hours and sufficient rest periods;
  • the minimum number of days of paid holiday and additional holiday allowance;
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  • the applicable wage scale per week, per 4 weeks or per month;
  • the applicable working time reduction per week/month/year/period;
  • allowances for overtime, shifted hours and irregular hours, for example public holiday allowance and shift allowance;
  • interim or annual pay rise;
  • reimbursement of costs incurred: this includes the costs that are necessary to carry out your work, such as travel, board and accommodation costs if you are away from home for your work and from your usual place of work in the Netherlands;
  • a year-end bonus;
  • rules for making employees available, such as health, safety and hygiene at work;
  • protective measures for pregnant workers or workers who have recently given birth;
  • equal treatment of men and women;
  • rules for the accommodation that your employer provides for you, if you are working in a place other than your regular place of work in the Netherlands.
  • contributions to occupational pension schemes;
  • social insurance provisions over and above the statutory entitlement and
  • allowances paid to reimburse expenses related to the posting, such as travel, board and accommodation costs.

After 12 months

  • After 12 months (or in some cases 18 months), the emplees are entitled to an extension of the main employment rights. Namely all employment rights laid down by Dutch labour law and universally applicable collective agreements.
  • An exception to this are additional agreements on occupational pensions and the conclusion and termination of the employment contract.
  • If the assignment in the Netherlands lasts longer than expected, the employer can submit a request to extend the period during which the employees are only entitled to the key employment conditions to 18 months. The employer can submit the request in the notification office. The employees will then be entitled to the full terms and conditions of employment from the 19th montth.

Which collective labour agreement the employee is covered by, depends on the type of work. The employee can ask his employer whether the work is covered, and if so, under which collective labour agreement. The Dutch client must inform the employer about this before the employee start his posting in the Netherlands

On this webpage more information in English about declaring universally binding collective labour agreements can be found. 

This webpage also contains a list with available translated collective labour agreements.

Exceptions with regard to the above

If the posted worker’s home country offers more favourable terms of employment and working conditions, these shall apply. This will apply to each term of employment.

Directly to:

Do you have question with regards to Collective labour agreements and posted workers?

We can be reached at vragenaanmeldingcao@minszw.nl

No rights can be derived from the texts. The text of the laws and regulations is always decisive!