Netherlands: Pending legislation on seconded employees, implementing EU directive

Netherlands: Pending legislation on seconded employees

“Rogue businesses” can use secondment to circumvent the employment conditions and laws of the country where the activities are performed. To address and respect the rights related to the employment conditions of seconded employees, various European directives have been drawn up.

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In the Netherlands, a new bill on the employment conditions of seconded employees in the European Union is intended to implement the European enforcement directive into Dutch law. In turn, this will make it easier to implement and enforce the Secondment Directive. The Act is expected to be effective in mid-2016.

In general, the legislation contains:

  • A notification obligation for cross-border services in the Netherlands
  • Measures to provide, upon request, personal details during the period of secondment in the Netherlands
  • Measures to provide, upon request, personal details to organizations representing the parties to collective labor agreements that are responsible for monitoring the compliance with collective labor agreements
  • Measures to improve the access that service providers and seconded employees have to information about obligations
  • Measures to enable information to be exchanged with other EU Member States
  • Measures to provide for the cross-border collection of penalties


Read a February 2016 report prepared by the KPMG member firm in the Netherlands: Bill on seconded staff: notification obligation for foreign businesses

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