Important Updates
Important Updates
04/28/2026 | BelgiumEuropean Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium
April 29, 2026 | IndiaIndia: New OCI Rules Bring Broader Eligibility but Stricter Compliance Measures
April 29, 2026 | United StatesThe PIE: Relief for Some OPT Applicants in “Immigration Limbo”
April 29, 2026 | United StatesUnited States: Quota for Second of Three Supplemental H-2B Visa Allocations Is Reached for FY 2026
April 29, 2026 | United StatesUnited States: USCIS Delays Adjudications for Re-Submission of Fingerprint-Based Background Checks
04/28/2026 | BelgiumEuropean Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium
April 29, 2026 | IndiaIndia: New OCI Rules Bring Broader Eligibility but Stricter Compliance Measures
April 29, 2026 | United StatesThe PIE: Relief for Some OPT Applicants in “Immigration Limbo”
April 29, 2026 | United StatesUnited States: Quota for Second of Three Supplemental H-2B Visa Allocations Is Reached for FY 2026
April 29, 2026 | United StatesUnited States: USCIS Delays Adjudications for Re-Submission of Fingerprint-Based Background Checks
04/28/2026 | BelgiumEuropean Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium
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

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Work authorization

The UK Global Talent Visa as a Flexible Residence Option for High-Net-Worth Individuals

Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Work authorization

The UK Global Talent Visa as a Flexible Residence Option for High-Net-Worth Individuals

Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn 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
  • TikTok
  • 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.