Foreign workers deployed in the Netherlands

A new act entered into force as of June 18, 2016: The Dutch Act on the Employment Conditions of Workers Deployed in the European Union (Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie or WagwEU).

This act protects foreign workers who are deployed in the Netherlands. Deployed workers are entitled to the most important employment conditions in the Netherlands, such as:

• minimum wage;
• minimum number of holidays;
• sufficient resting periods;
• safe working conditions.

If a collective labour agreement (CLA) has been declared generally binding and applicable, the main principles of the employment conditions from that CLA shall also apply.

The measures for enforcing this law are as follows:

• The obligation to provide information to the Inspectorate SZW, if requested;
• The obligation to keep specific documents, like pay slips, time sheets, copies of ID documents and employment agreements, at the workplace;
• The obligation to assign a contact person;
• The obligation to notify: you must notify, in advance, where, when and with whom (which employees) you will be working in the Netherlands. This provision has, however, not entered into force as of yet.

Failure to observe the obligations constitutes a violation and can be punished by way of an administrative penalty of up to €20,500. For more information, you can request a detailed white paper.

accon■avm employer services can assist you in a range of aspects relating to the WagwEU:

• We can serve as the contact person;
• We can determine whether a CLA is applicable to your activities in the Netherlands;
• We can support you in the event of an Inspectorate SZW audit;
• We can also help you to make the required documents available. This will naturally only take place in consultation with you.

If you have any other questions relating to the this implemented Act, you can contact us by email international@acconavm.nl or by telephone +31 318-559 559