The Netherlands has joined other countries in the Euro zone (Germany, Italy or Austria, among others) applying protectionist laws to safeguard the interests of its workers and ensure that there is no unfair competition.
As Holland is one of the top International destinations for the UK international transport sector, this article focuses on the key points in relation to this law, to help you comply with the newly imposed rules.
What documentation do I need?
Employers from EEA countries and Switzerland with staff temporarily stationed in the Netherlands must comply with a number of administrative obligations and keep certain documents available (either in print or directly in a digital version):
- Employment contracts
- Summaries of working hours
- Forms A1
- Proof of payroll
Who needs to be registered?
As of March 1, 2020, any European worker posted to the Netherlands must be notified through the portal that the government has enabled.
The objective of this Law is to ensure that companies comply with the working conditions and equal pay that apply in the Netherlands.
This measure affects both companies and freelancers.
In the transport sector: companies engaged in the transport of goods by road. Loading, unloading and cabotage.
How long is the discharge?
Each registration has a maximum duration of 1 year.
Has it already entered into force?
The obligation to notify entered into force on March 1, 2020. Employers abroad are obliged to report their work in the Netherlands via the Dutch online notification portal. However, the Dutch Gorernment did not start fully enforcing the law until the beginning of September 2020.
Does it affect the drivers of any vehicle, whether they are light, heavy or passenger transport?
The law is independent of the type of transport used, the measure is linked to the work carried out, so it affects all road freight carriers, both light and heavy vehicles.
This measure does not affect passenger transport.
What are the penalties for not having registered the discharge?
The fines for not registering and notifying posted workers vary according to the number of drivers and could be between 1,500 and 4,500 euros.
The SZW Inspection can impose fines on employers who underpay their employees. The level of the penalty depends on the extent to which wages vary from the legal minimum wage and the legal minimum vacation allowance.
The maximum fines are:
- 10,000 euros per underpaid employee (in case of payment below the minimum wage).
- 2,000 euros per underpaid employee (in case of payment under the minimum vacation allowance).
- The maximum level of the sanction order imposed on an employer per employee amounts to 40,000 euros.
At Vrio our professional team are ready to support you with minimum salary Holland to ensure you and your drivers meet the minimum requirements.
Do not hesitate to request the information you need from our team on 0845 313 2212