As of 1 March 2020 the Dutch government requires all foreign employers and foreign self-employed persons (limited to certain sectors) from other countries within the EEA or Switzerland, to notify of temporary assignment/secondment activities via Meldloket WagwEU. This includes the obligation to report what work will be performed and during what period. In addition, foreign employers will have to report the arrival of any of their posted workers in the Netherlands.
For the transport sector, there are some exceptions to the notification rules. This means that the foreign haulier must report his drivers via an electronic counter if his drivers are going to carry out transports in, to and from the Netherlands. Transit transport is exempted from the notification obligation. The obligation to report also applies to foreign self-employed drivers.
The majority of types of transport are excluded from the duty to notify. Freight transport by road can be notified via a one-year notification.
You can use a one-year notification if you work as an employer abroad or a self-employed person in the freight transport by road sector (General Industrial Classification of Economic Activities within the European Communities group H 49.4). This also applies if you provide services on behalf of a client or company in the Netherlands.
The notification must be filed online before the start of the work in the Netherlands. Foreign employers will have to report the following:
- the identity of the person submitting the notification
- the details of their company
- the contact person
- the identity of the client in the Netherlands (i.e., the recipient of the services provided by the foreign employer)
- 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
The Dutch Ministry of SZW has opened a special website: www.postedworkers.nl. You will find further information under transport sector and one-year notification. The website is also available in English and German.
Go to the website www.postedworkers.nl.
- Click on ‘I have a temporary assignment in the Netherlands’.
- Click on online reporting: https://meldloket.postedworkers.nl/runtime/?lang=en
- Make sure to select the one-year notification.
- Instead of place of work, please register the licence plate, you only have to register one licence plate, even though you have more.
- With one registration, you can register all your drivers.
- You must register a contact person in the Netherlands. This contact person does not need to speak the Dutch language but must speak English, French or German.
Enforcement and penalties:
Non-compliance with the obligations created by the WagwEU of the Service Provider (employer or self-employed), the client or other parties falling under the scope of WagwEU, can be sanctionized with penalties.
The Inspectorate SZW monitors the execution of the WagwEU and the compliance with Dutch labour laws.
If a check by the Inspectorate SZW reveals non-compliance with the WagwEU or Dutch labour laws, penalties may be imposed. The social partners monitor compliance with the provisions in the CAO’s.
If a check of other information or a visit to the workplace reveals that the arrival of the foreign employees has not been properly or timely notified, penalties may be imposed on both the employer and the client.
We trust to have you well informed. However, if you have any further question, please check the FAQs pages on the website: