Important Updates
Important Updates
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 19, 2025 | United StatesBusiness Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others
December 19, 2025 | ChinaChina Daily: HK Softens Imbalance in Wealth Migration
December 19, 2025 | DenmarkDenmark: Work Permit Exemption for Business Events, Conferences, Trade Fairs
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 19, 2025 | United StatesBusiness Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others
December 19, 2025 | ChinaChina Daily: HK Softens Imbalance in Wealth Migration
December 19, 2025 | DenmarkDenmark: Work Permit Exemption for Business Events, Conferences, Trade Fairs
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Employment Regulations from Revised Posted Worker Directive Implemented

August 4, 2020

insight-news-default

Country / Territory

  • NetherlandsNetherlands

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

The Revised Posted Workers Directive covers the following key topics for employers posting workers in the Netherlands:

  • The duration of the applicability of the employment laws of the host country;
  • The applicability of employment rules for posted workers replaced with other posted workers; and
  • Counting allowances for posted workers toward minimum salary requirements.

The situation

The employment regulations stemming from the Revised Posted Workers Directive went into effect in the Netherlands on July 30, 2020.

A closer look

The key points on the implemented changes include:

New Rule Impact

Employment protections for long-term postings. In order to limit employer abuse of employment laws, the core employment laws of the host country apply for 12 months of the posted worker’s assignment in the Netherlands, with a possible six-month extension. For long-term postings, more thorough employment regulations apply.

Employers must track the time posted workers spend in the Netherlands, and if long-term postings are common, must adopt policies to ensure compliance with Dutch employment conditions.

Replacement of posted worker. If a posted worker is replaced by another posted worker for the same job at the same workplace, the first posted worker’s time in that position would be counted against the calculation of the 12-month stay period (18 months with an extension).

Employers must keep track of the replacements of posted workers for the same position.

New requirements for successive postings. If an employer replaces a posted worker with another posted worker in the same job at the same workplace, the replacement posting is subject to the same employment rules as the earlier posting.  

Successive posted workers are better protected from abusive employment practices by this new law.

Remuneration. Employers can count allowances provided to posted workers – except for employee reimbursements for travel, board and lodging – toward minimum salary requirements.

This change seeks to equalize pay between posted and local Dutch workers by preventing employers from applying travel, lodging and board allowances toward salary payments, effectively lowering the foreign employee’s salary.

Background

The history of the directive’s implementation in the Netherlands is depicted below:

                       

  • Online notification requirement.  The notification requirement of the Revised Posted Workers Directive was implemented on March 1, 2020. Since then, employers outside the Netherlands but within the European Union have had to file an online notification before a posted worker commences work in the Netherlands. The notification allows authorities to track whether employers have paid taxes and whether they are meeting minimum wage requirements and other mandatory employment conditions. The six-month grace period that applies for violations pertaining to the online notification requirement expires September 1, 2020.
  • Posted Workers Directive adoption. The changes are the result of the Council of Ministers of the European Union amending the Posted Workers Directive to reduce fraud and to prevent employers from circumventing employment rules. Due to COVID-19-related delays, only a few EU countries have adopted the revised directive, including Belgium and Poland.
  • Fragomen blog. For more information, see Fragomen’s recent blog on this topic.

Looking ahead

While the focus on compliance in the Netherlands has increased over the last two years for 'at-risk sectors' and sponsors of highly-skilled migrants, the Netherlands government is also seeking to attract foreign talent. For example, a new pilot program is expected to enter come into force in January 2021 which would allow start-up companies to not have to apply for a work permit for their foreign employees under certain conditions. The law is currently undergoing public consultation which will close August 11.   

Fragomen will report on relevant developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • NetherlandsNetherlands

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.