Third-country nationals
If, as an employer (established in the European Union (EU)), you post workers from outside the EU to the Netherlands, these workers are ‘third-country nationals’. Third-country nationals are workers who are not nationals of one of the Member States of the European Union, the European Economic Area (EEA) or Switzerland. Rules apply if you post these third-country nationals to the Netherlands. It is important to know what these rules are.
Main terms and conditions
- It must be a genuine posting. This means, among other things, that your company carries out substantial activities in the European country where you are established. Your employees can only come to work in the Netherlands temporarily. Not sure whether you are posting workers? Visit this page for more information.
- The third-country nationals can legally work and reside in your country. Check whether the third-country nationals have a valid work and residence permit.
- The third-country nationals usually work in your country. A third-country national cannot be posted to the Netherlands immediately after taking up employment in your country. The posting is temporary. Third-country nationals go back to work in your country after being posted to the Netherlands, or back to their country of origin.
Terms and conditions for the employment of third-country nationals
Posted third-country nationals are entitled to the same terms and conditions of employment as posted workers with EU nationality. This means that they are entitled to the terms and conditions of employment of the country where you are based, but also to the main Dutch terms and conditions of employment. For example, this includes the Dutch minimum wage.
Example
Someone from Uzbekistan has been working for your company in Poland for a couple of years. You post this employee to the Netherlands for a two-month assignment. In this case, your employee is entitled to all the terms and conditions of employment that apply in Poland, as well as the core terms and conditions of employment applicable in the Netherlands.
Provide the details of your third-country-national employees in the notification portal
As an employer from the EU, the EEA or Switzerland, are you temporarily posting workers to the Netherlands? If so, you must notify their arrival in advance. You can this in the Dutch online notification portal. A notification must always be submitted for posted third-country nationals. You can notify in Dutch, English or German. You can submit notifications for more than one employee at the same time.