Duty to notify under the Employment Conditions (Posted Workers in the European Union) Act: Foreign nationals working in the Netherlands temporarily

Entitlement to Dutch employment conditions

Are you coming to the Netherlands with your employer to work on a temporary assignment? Or are you an employee of a multinational company who is being posted to its offices in the Netherlands? Or will you be working in the Netherlands through a temporary employment agency? In all these cases, you are entitled to the main Dutch statutory employment conditions and employers must comply with them. In sectors where a generally binding collective agreement applies, you are also entitled to the main employment conditions set out in that agreement.

The main Dutch employment conditions are:

• the minimum wage;
• sufficient rest periods;
• safe working conditions;
• equal treatment of men and women;
• a minimum number of days of leave.

The notification by your employer in the Dutch online notification portal (postedworkers.nl) makes it easier to check whether they are complying with these conditions.

The website workinnl.nl gives more information on living and working in the Netherlands (in Dutch). It explains your rights and obligations and what you need to arrange.  This will help you ensure that the conditions in which you live and work in the Netherlands are safe, healthy and fair. The website also provides more information on wages, collective labour agreements and people to approach with questions about your pay.

Your data in the online notification portal

Your employer provides the following data about you in the online notification portal:

• your name;
• your sex;
• your date of birth;
• your nationality;
• the number of your identity document;
• details of where your social insurance premiums are paid;
• in some cases your email address.

Access to your data

If you would like to find out what information there is about you in the online notification system, you can submit a written request to the Ministry of Social Affairs and Employment (SZW). The ministry will try to respond to your request within four weeks. To enable it to respond as efficiently and effectively as possible, you should supply a copy of a valid identity document along with your request, for example using the smartphone KopieID app. Your request cannot be processed without valid identification. Once your identity has been verified, the copy of your identity document will be deleted immediately.  

You can view the ministry’s privacy statement here.

Incorrect notification

If the notification is incorrect, ask your employer to correct it. If your employer refuses to do so, you can submit a request to the Dutch Ministry of Social Affairs and Employment to have your details corrected, stating the reasons. To ensure your request can be dealt with quickly, it should be as complete as possible. You must include valid proof of identity, or your request will not be processed. Once your identity has been verified, the copy of your identity document will be deleted immediately. The Dutch Labour Inspectorate will then ask your employer or your employer’s designated contact person to amend the notification. The Inspectorate can fine your employer if the notification is not correct.