Important Updates
Important Updates
March 25, 2026 | United StatesUnited States: DOL Proposal to Revise Wage Rules for Foreign Workers Reenters Federal Review
March 26, 2026 | IndiaIndia: Electronic Arrival Card to Replace Paper Disembarkation Card
March 25, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 25, 2026 | PortugalPortugal: Transitional Residency Rights for Non-EU Nationals Clarified
March 25, 2026 | Saudi ArabiaSaudi Arabia: Certain Private Sector Companies Must Offer Trainee Positions As Part of Employee Headcount
March 25, 2026 | United StatesUnited States: DOL Proposal to Revise Wage Rules for Foreign Workers Reenters Federal Review
March 26, 2026 | IndiaIndia: Electronic Arrival Card to Replace Paper Disembarkation Card
March 25, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 25, 2026 | PortugalPortugal: Transitional Residency Rights for Non-EU Nationals Clarified
March 25, 2026 | Saudi ArabiaSaudi Arabia: Certain Private Sector Companies Must Offer Trainee Positions As Part of Employee Headcount
March 25, 2026 | United StatesUnited States: DOL Proposal to Revise Wage Rules for Foreign Workers Reenters Federal Review
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

Critical Minerals, the Energy Transition and the Global Race for Skills

Senior Client Services Manager Caroline Kanzara-Obinwa explores how global talent shortages and workforce mobility are shaping the future of critical minerals and the energy transition.

Learn more

Video

USA: Red Card or Green Light? US Consular Updates for World Cup 2026 | #FragomenFC - Ep. 15

In FC Podcast episode #15, Partner Rick Lamanna, Senior Associate Jake Paul Minster, Senior US Consular Manager Brian Simmons, and Senior Manager Sergio Flores discuss US entry considerations for the 2026 World Cup, including visa options, policy changes and planning timelines.

Learn more

Media mentions

HR World: Compliance Now: Value Beyond Risk Management

Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.

Learn more

Awards

Partner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide

Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.

Learn more

Media mentions

Personnel Today: Can Staff Visit the USA If They Have a Criminal Record?

Manager Karnig Dukmajian

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

Critical Minerals, the Energy Transition and the Global Race for Skills

Senior Client Services Manager Caroline Kanzara-Obinwa explores how global talent shortages and workforce mobility are shaping the future of critical minerals and the energy transition.

Learn more

Video

USA: Red Card or Green Light? US Consular Updates for World Cup 2026 | #FragomenFC - Ep. 15

In FC Podcast episode #15, Partner Rick Lamanna, Senior Associate Jake Paul Minster, Senior US Consular Manager Brian Simmons, and Senior Manager Sergio Flores discuss US entry considerations for the 2026 World Cup, including visa options, policy changes and planning timelines.

Learn more

Media mentions

HR World: Compliance Now: Value Beyond Risk Management

Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.

Learn more

Awards

Partner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide

Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.

Learn more

Media mentions

Personnel Today: Can Staff Visit the USA If They Have a Criminal Record?

Manager Karnig Dukmajian

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.