• Insights

Stricter Employment Rules for Posted Workers Forthcoming

July 17, 2019

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

  • Employers posting workers in the Netherlands will need to file an online notification before the foreign national commences work in the Netherlands, once the government launches an online system later this year.
  • Additional employment protections for posted workers on long-term assignments in the Netherlands are expected to take effect July 30, 2020.

The situation

Employers posting employees in the Netherlands will be subject to a notification requirement, most likely later this year when an online notification system becomes active, according to rules from a law enacted in 2016. That law has subsequently been revised and the new version is in the process of being implemented in the Netherlands. The new draft law will bring additional protections for posted workers.

A closer look

  • Notification requirement. When the Inspectorate of Social Affairs and Employment (SZW) launches an online government notification system, employers of posted workers will need to submit an online notification before the posted worker commences work. The system is expected to open at the earliest in October 2019.
    • Information sharing. The information from the notification will be added to an inter-agency registry to which the SZW, Tax and Customs Administration, Sociale VerzekeringsBank (SVB – the Dutch social security agency), and Immigration and Naturalization Service (IND) will have access.
    • Purpose. The notification is intended to make it easier for authorities to combat fake self-employment, to check whether employers have paid taxes and whether they are meeting minimum wage requirements and other mandatory employment conditions.
    • Impact. When the system opens, employers must submit notifications before a posted worker starts work. Additional information is expected to be released on the notification requirement within the next few months.
  • Other proposed changes. The Ministry of Social Affairs and Employment has also published a draft law that implements the revised EU Posted Workers Directive into Dutch legislation. The below are key points about the proposed law:
    • Employment protections for long-term postings. In order to limit employer abuse of employment laws, the period during which basic employment laws of the host country are applicable would be limited to 12 months, with a possible six-month extension. For long-term postings, more thorough employment regulations would apply.
      • Impact. Employers would need to track the time posted workers spend in the Netherlands, and if long-term postings are common, would need to 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).
      • Impact.  Employers would need to 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 would be subject to the same employment rules as the earlier posting.  
      • Impact.  Successive posted workers would be better protected from abusive employment practices by this new law.
    • Remuneration. Employers would be allowed to count allowances provided to posted workers – except for employee reimbursements for travel, board and lodging – toward meeting minimum salary requirements.
      • Impact. 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

  • Document maintenance requirements. The law that implements the above notification requirements also requires employers to maintain documents on their foreign workers and appoint a contact person from the Dutch company. These requirements already apply even though the notification system is not in effect. The labour inspectorate has announced in its annual report that it will increasingly check whether employers are meeting these requirements during government audits.
  • Posted Workers Directive amendment. The proposed 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.
  • Workers’ rights expansions. Other countries in the region have also expanded protections for workers and imposed posted worker notification requirements. For example, new penalties and rules apply for employers sending posted workers to France, and Greece introduced a new notification requirement for posted workers earlier this year. In other jurisdictions, the United Arab Emirates has similarly expanded protections for workers by adding stricter employment laws in the Dubai International Financial Center and implementing mandatory labor awareness trainings in the mainland.

 

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

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI compliance metrics for universities take effect today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Video

Less Than Two Weeks: FIFA World Cup 2026 Countdown | #MobilityMinute

With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Blog post

Business Immigration After the Midterms (Part 1): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Media mentions

Business Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.

Counsel Brian Hunt said employers quickly sought clarity after a USCIS memo on green card adjustment of status raised questions about immigration timelines, work continuity and travel planning.

Learn more

Awards

Fragomen named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia

Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.

Learn more

Media mentions

USA Today: USCIS Green Card Announcement Spurs Confusion. What to Know

Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.

Learn more

Blog post

Commonwealth Games 2026 Travel Planning: UK ETA Rules for Teams and Fans

Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.

Learn more

Media mentions

The Associated Press: Trump’s Latest Immigration Move Clouds the Path to Green Cards

Partner Kevin Miner discusses the expected impact of new USCIS green card guidance on employment-based immigration, noting dual-intent visa cases would likely continue under business as usual with no significant impact.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI compliance metrics for universities take effect today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Video

Less Than Two Weeks: FIFA World Cup 2026 Countdown | #MobilityMinute

With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Blog post

Business Immigration After the Midterms (Part 1): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Media mentions

Business Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.

Counsel Brian Hunt said employers quickly sought clarity after a USCIS memo on green card adjustment of status raised questions about immigration timelines, work continuity and travel planning.

Learn more

Awards

Fragomen named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia

Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.

Learn more

Media mentions

USA Today: USCIS Green Card Announcement Spurs Confusion. What to Know

Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.

Learn more

Blog post

Commonwealth Games 2026 Travel Planning: UK ETA Rules for Teams and Fans

Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.

Learn more

Media mentions

The Associated Press: Trump’s Latest Immigration Move Clouds the Path to Green Cards

Partner Kevin Miner discusses the expected impact of new USCIS green card guidance on employment-based immigration, noting dual-intent visa cases would likely continue under business as usual with no significant impact.

Learn more
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
Important Updates
Important Updates
June 1, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
June 2, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 2, 2026 | New ZealandNew Zealand: English Language Requirements Expanded for Certain Visa Applicants
June 2, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
June 2, 2026 | Sierra LeoneSierra Leone: Nationwide Immigration Compliance Inspections Begin
June 1, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
June 2, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 2, 2026 | New ZealandNew Zealand: English Language Requirements Expanded for Certain Visa Applicants
June 2, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
June 2, 2026 | Sierra LeoneSierra Leone: Nationwide Immigration Compliance Inspections Begin
June 1, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
Subscribe

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.