Employers are obliged to assign certain minimum terms of employment to the personnel that comes to the Netherlands to work temporally. The so-called hard core of the terms of employment always consists of the following Dutch labour laws: the Minimum Wage and Minimum Holiday Allowance act, the Working Hours Act, the Working Conditions Act, the Placement of Personnel by Intermediaries and the Equal Treatment Act.
It is also important that when foreign employer gets to work in a sector in which a universally binding collective agreement applies, the hard core of the terms of employment from this collective agreement also apply. The posted workers are entitled to the provisions of the universally binding collective agreement which deals with:
The WagwEU includes several measures to ensure that the hard core of the terms of employment can be enforced more adequately. There are a number of administrative statutory obligations for companies who are going to perform temporary work in the Netherlands. It involves four aspects:
The failure to comply with the first three obligations will be regarded as a violation of as from 18 June 2016 and may therefore be punished with an administrative fine. Unfortunately, this system will be more effective after digital system will be prepared, but it does not mean to have a number document available at work place (whether or not digital)”.