Employment conditions for posted workers in the EU
The Employment Conditions (Posted Workers in the European Union) Act (Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie) stipulates the minimum terms of employment for foreign workers temporarily posted in the Netherlands. This legislation provides better protection for these workers and combats unfair competition based on employment conditions. The Social Affairs and Employment Inspectorate monitors compliance with the Act.
Employment conditions for posted workers from other EU countries
The Employment Conditions (Posted Workers in the European Union) Act (only in Dutch) applies to employers from other EU countries who come to the Netherlands temporarily with their own personnel to do a job. These employees are in any case entitled to the main terms of employment set out in Dutch law, such as:
- the minimum wage;
- sufficient rest periods;
- safe working conditions;
- equal treatment of men and women;
- a minimum number of days of leave.
In sectors where a generally binding collective agreement applies, the key terms of employment in that agreement also apply.
Better monitoring of compliance with labour laws in the event of posting
The Employment Conditions (Posted Workers in the European Union) Act ensures better monitoring of companies covered by this legislation. If they fail to comply with Dutch labour laws, they may be fined by the Social Affairs and Employment Inspectorate.
Companies have to prove that they are complying with the law by having certain documents available in the workplace in the Netherlands. Pay slips, for example, enable the companies to show that they are paying their employees the wage to which they are entitled.
Example of posting to which the Act applies
To take an example, the above-mentioned Act would apply in the situation where a Dutch province has commissioned a bridge and contracts part of the construction work to a German company, which will bring its own personnel to work in the Netherlands for a year. These workers are protected under Dutch labour laws. This also means they are entitled to the Dutch minimum wage.