OrganizedFlex: Explanation of secondment
You are a foreign service provider (employer) in the EEA or Switzerland seeking to perform a temporary service or assignment in another EU country. Service providers can use any employee of EU nationality when performing services in another EU member state.
However, workers who are not nationals of the European Economic Area (EEA) or Switzerland (hereinafter: third-country nationals) cannot be employed in the Netherlands just like that. In principle, they need a permit to work and reside in the Netherlands.
In some cases, however, the (often) complex procedure to obtain such a permit need not be followed. This is the case, for example, for third-country nationals employed by a company based in the European Union who are temporarily seconded to the Netherlands for a specific project as part of their employment. This exception is sometimes popularly referred to as the "Van der Elst exemption".
The "Van der Elst exemption" means that third-country nationals posted to the Netherlands from a European Union member state are automatically granted admission to the labour market if the following conditions are met:
- The third-country national is employed by a company established in a member state of the European Economic Area (EEA) or Switzerland;
- The third-country national comes to the Netherlands to perform services on behalf of his employer;
- The third-country national has a valid right of residence of more than 3 months in the Member State of residence;
- The third-country national is lawfully employed in the Member State of residence and with a valid employment contract;
- The authorisation for employment in the Member State of residence are valid at least for the duration of the work to be performed in the Netherlands;
- The third country employee has a passport and a residence permit with a period of validity at least equal to the duration of the work to be performed in the Netherlands. In this way, return to the country of origin or Member State of residence is ensured.
If these conditions are met, these persons, together with EU citizens, are allowed to move freely across European borders to come and work in the Netherlands.
Rights and obligations
Employees are entitled to the main terms and conditions of employment applicable in the EU country to which they are posted. This is regulated by the Working Conditions of Posted Workers in the European Union Act (WagwEU) and the Act on Declaring Provisions of Collective Bargaining Agreements Universally Binding and Unbinding the Act (Avv).
The first 12 months
- the statutory minimum wage;
- rules on working hours and adequate rest;
- safe working conditions;
- a minimum number of paid holidays
- equal treatment of men and women;
These terms and conditions of employment are set out in Dutch labour law. In sectors with a collective agreement that is declared generally binding, your employees are entitled to the hard core terms and conditions of employment from this collective agreement.
After 12 months
After 12 months (and in some cases 18 months), posted workers are entitled to additional Dutch terms and conditions of employment.
Namely:
All working conditions from Dutch labour laws and generally binding collective agreements.
Duty to report
In the case of employment in the Netherlands, as an employer you must comply with a number of administrative obligations, including the notification requirement that must be made at least 2 days prior to employment in the online portal (Posted Workers Portal). The service recipient (client) must check the data and also approve it in the online portal.
Implementation
However, European laws and regulations are becoming more complex and intensively enforced. The diversity of questions regarding administrative obligations, a permanent establishment or only company registration, collective agreements, payroll tax, social security contributions, VAT, European and local legislation for secondment can therefore no longer be viewed separately. There is therefore an increasing need for an integrated service.
The unique combination of our knowledge and our digital platform "DigitalOFlex" ensures an effective working method and full transparency of the mandatory administrative process . Every connected party in the chain is always fully informed about the entire secondment process.
Clients
We work for service providers (employers) who want to relocate their business activities and employees to other EU Member States. They know their employees, speak the same language, and have often trained them themselves so they know what they can gain from each other.
We also work for service providers (employers) who do not relocate or expand their business activities to other countries, but find it important that their employees continue to develop. We make sure to second them elsewhere so that they can apply their newly acquired experience in their own company.
We also support service providers (employers) who want to give their employees the opportunity to work in another industry. This may occur when there is insufficient work due to economic developments, among others, or when your employee needs more challenge.
OUR WORKING STYLE IS BASED ON SIMPLICITY, TRUST AND EFFICIENCY.
This is how OrganizedFlex works
- OrganizedFlex is the partner for companies that want to move part or all of their activities, with their own employees, to another country. The European legislation on free movement of people and services offers you this unique opportunity. OrganizedFlex guides companies through this transition so they can immediately start their new business activities.
- OrganizedFlex also works for entrepreneurs who are looking for talented (professional) people. You get access to your own digital backoffice where you, or our HR team, can place and manage your vacancies. Our short communication lines guarantee an efficient and effective process.
Contact us directly!
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Of course you can. Then please fill in the form below immediately.
After approval (turnaround time 48 hours) you will receive immediate access to your personal digital environment to post and manage job opportunities.
We will also contact you personally