Import­ant update – Under the European Post­ing of Work­ers reg­u­la­tions a regis­tra­tion oblig­a­tion applies with regard to the transna­tion­al post­ing of work­ers. The Dutch gov­ern­ment just announced that the regis­tra­tion oblig­a­tion will apply as of 1 March 2020 in the Neth­er­lands and that as from that date the pos­ted work­ers should be registered online on the regis­tra­tion web­site designed by the Dutch gov­ern­ment.

 

Regis­tra­tion
Regis­tra­tion is required for post­ings to the Neth­er­lands that start on 1 March 2020 or later (the regis­tra­tion oblig­a­tion in prin­ciple does not apply to post­ings that star­ted pri­or to this date). The regis­tra­tion web­site can be used as of 1 Feb­ru­ary 2020 for regis­tra­tion to be made as of 1 March 2020. For­eign employ­ers who will post work­ers to the Neth­er­lands will need to provide at least the fol­low­ing inform­a­tion in the regis­tra­tion form:

• the iden­tity of the per­son mak­ing the regis­tra­tion
• the com­pany details
• the con­tact per­son
• the iden­tity of the client/service recip­i­ent
• the sec­tor in which the activ­it­ies in the Neth­er­lands will be per­formed
• the address of the work loc­a­tion in the Neth­er­lands
• the expec­ted dur­a­tion of the post­ing
• the iden­tity of the per­son respons­ible for pay­ing the salary of the pos­ted work­er
• the iden­tity of the pos­ted worker(s)
• the pres­ence of an A1 declar­a­tion and/or any oth­er proof of where the social premi­ums are being paid for the pos­ted work­ers

Self-employed work­ers will have to provide slightly dif­fer­ent inform­a­tion in the regis­tra­tion form, includ­ing at least:

•  their iden­tity
• the iden­tity of the client/service recip­i­ent
• the sec­tor in which the activ­it­ies in the Neth­er­lands will be per­formed
• the address of the work loc­a­tion in the Neth­er­lands
• inform­a­tion regard­ing where the social premi­ums are being paid

Self-employed work­ers in “high risk” sec­tors only
The Dutch gov­ern­ment has decided that the regis­tra­tion oblig­a­tion only applies to self-employed work­ers in cer­tain “high-risk” sec­tors, includ­ing but not lim­ited to: agri­cul­ture, industry and con­struc­tion sec­tor.

Exemp­tion: one regis­tra­tion per year
The Dutch gov­ern­ment has declared that under con­di­tions only one regis­tra­tion per year is required (the ‘annu­al pos­ted work­ers regis­tra­tion’).

•  Self-employed work­ers act­ive in “high-risk” sec­tors, estab­lished with­in 100 kilo­met­ers of the Dutch bor­der, who are registered in the Trade Register of the Dutch Cham­ber of Com­merce or a sim­il­ar register in one of its neigh­bor­ing coun­tries, who in the pre­vi­ous cal­en­dar year provided 3 transna­tion­al ser­vices in the Neth­er­lands or com­pleted an ‘annu­al pos­ted work­ers regis­tra­tion’ and who are not act­ive in the con­struc­tion sec­tor.
• Ser­vice pro­viders who employ at least 1 and max­im­ally 9 employ­ees, estab­lished with­in 100 kilo­met­ers of the Dutch bor­der, who are registered in the Trade Register of the Dutch Cham­ber of Com­merce or a sim­il­ar register in one of its neigh­bor­ing coun­tries, who in the pre­vi­ous cal­en­dar year provided 3 transna­tion­al ser­vices in the Neth­er­lands or com­pleted an ‘annu­al pos­ted work­ers regis­tra­tion’ and who are not act­ive in the con­struc­tion sec­tor or the tem­por­ary employ­ment sec­tor.
• Lastly, self-employed work­ers and ser­vice pro­viders act­ive in the road trans­port sec­tor who are pos­ted to the Neth­er­lands in prin­ciple only require one regis­tra­tion per year (in the event that the gen­er­al exemp­tion for the road trans­port sec­tor does not apply).

Oth­er exemp­tions
For the pro­vi­sion of cer­tain ser­vices, no regis­tra­tion is required, includ­ing but not lim­ited to the fol­low­ing ser­vices:

•  employ­ees who have busi­ness meet­ings in the Neth­er­lands or enter into agree­ments with com­pan­ies or insti­tu­tions in the Neth­er­lands, provided that their stay does not exceed 13 con­sec­ut­ive weeks with­in a peri­od of 52 weeks.
• qual­i­fied or spe­cial­ized employ­ees who carry out the ini­tial assembly or first install­a­tion of a good, provided that the ser­vice is a sig­ni­fic­ant part of the pro­vi­sion of the goods, are neces­sary for the prop­er func­tion­ing of the good and the ser­vice does not take more than eight days. This exemp­tion does not apply in the event that the ser­vice is in the con­struc­tion sec­tor.
• employ­ees who per­form urgent main­ten­ance or repar­a­tions to machinery, or equip­ment, which has been provided by the ser­vice pro­vider to the ser­vice recip­i­ent, or employ­ees who install or amend soft­ware provided by the ser­vice pro­vider or who provide instruc­tions regard­ing the use of the soft­ware, provided that their attend­ance is required for these activ­it­ies and does not exceed 12 con­sec­ut­ive weeks with­in a peri­od of 36 weeks.

Our ser­vices
If you want to know wheth­er your com­pany and/or any post­ings fall under the exemp­tions to the regis­tra­tion oblig­a­tion and/or if you have any oth­er ques­tions regard­ing the regis­tra­tion oblig­a­tion in the Neth­er­lands, please get in touch. We are happy assist you in this regard and to help you ensure that your com­pany is pre­pared for the intro­duc­tion of the Dutch regis­tra­tion oblig­a­tion.