From 1 March 2020 all foreign employers, who are located in the EU and Switzerland, will have to report in advance that their staff will work physically in the Netherlands. The Dutch client of these foreign employers is mandatory obliged to verify if the mandatary notification has been submitted.
We understand that this verification has to be done within 5 days. This notification obligation has a significant impact on both the foreign employer and Dutch companies. Both need to take measures to be compliant as of March 1, 2020. Be aware that the Dutch authorities will impose substantial penalties in case your company does not comply with the notification obligation.
Foreign employers who:
need to notify in advance their activities in the Netherlands. This obligation applies only on new activities in the Netherlands as of March 1, 2020. This notification can be submitted via an online portal.
See the checklists below for a step-by-step plan:
According to earlier publication this portal should be operational as of February 1, 2020, so that it can already be viewed and used without being a legal duty.
Please note that at the moment of writing this message, the portal is not yet accessible. However, it is already clear that, among other things, the following information needs to be reported during this notification:
The majority of the transport sector is excluded from the notification obligation. Exceptions also have been made to the notification obligation for some categories of work. This includes the following activities:
Other rules are applicable for employers that hire no more than 9 employees. They are entitled to an annual notification, provided they have performed:
However, this applies not on all foreign employers. E.g. employers in the construction and staffing industry cannot make use of this annual notification possibility.
The Government prepared checklists for both the foreign employers and self-employed person.
In this case you need to verify whether the foreign employer has this notification obligation. If this is the case your company has the mandatory obligation to verify whether this notification has been timely, completely and correctly submitted. We recommend discussing this as soon as possible with your foreign clients to inform them about this new obligation and make arrangement so that your company is able to verify the notifications.
By further questions, please contact Louis de Vries or read more about our .