Posting of workers
Posting of workers
The Terms of Employment Posted Workers in the European Union Act (WagwEU) regulates the terms of employment to which European workers are entitled if they come from another EEA country or Switzerland to work temporarily in the Netherlands. The EEA is the European Economic Area, which comprises all the EU member states, Norway, Liechtenstein and Iceland. For further information about the WagwEU and the ‘hard core’ of the terms of employment we refer you to the posted workers .
Dutch labour laws and collective agreement conditions
If employees of companies in another EEA country or Switzerland come to work temporarily in the Netherlands, they are entitled to at least the main terms of employment that apply (the minimum wage; sufficient rest hours; safe working conditions; equal treatment of men and women; and a minimum number of paid days off). These terms of employment are set out in Dutch labour laws, namely the Minimum Wage and Minimum Holiday Allowance Act, the Working Hours Act, the Working Conditions Act, the Posting of Workers by Intermediaries Act and the Equal Treatment Act.
In sectors where a universally binding collective agreement applies, posted workers are also entitled to the ‘hard core’ of the terms of employment from this collective agreement.
Posted workers are thus entitled to:
* maximum working hours and minimum rest hours;
* the minimum number of paid days off and additional holiday allowances;
* the minimum wage, comprising:
o the applicable period wage in the scale o the applicable working hour’s reduction
per week/month/year/period;
o bonuses for overtime, shifted working hours, irregular hours (including public holiday bonus)
and shift bonus;
o initial salary/wage increase; o expenses, including travel expenses and travel time allowance, lodging
costs and other costs that are necessary for performing the work;
o period-linked salary amounts; o end-of-year bonuses;
o additional holiday allowances.
Not included in this minimum are supplementary pension schemes, non-statutory social security entitlements and compensation on top of the salary/wage for expenses incurred by the posted worker for travel, housing or food;
* conditions for making the employees available;
* health, safety and hygiene at work;
* protective measures for pregnant women or new mothers;
* equal treatment of men and women and other non-discrimination provisions.
If the posted worker’s home country offers more favourable terms of employment and working conditions, these shall apply. This will apply to each term of employment.