The WagwEU stands for the Law on Working Conditions of Posted Workers in the European Union. This law, in force since 18 June 2016, entitles seconded workers (or posted workers) to the main terms and conditions of employment in the Netherlands. As a self-employed worker, you must comply with certain rules that apply in the Netherlands with the client, such as the rules on working conditions.

When does the WagwEU apply?
If a service recipient (client) from the Netherlands hires a foreign ZZP'er then this also falls under pure service provision within the WagwEU.

Obligation

If you are self-employed from one of the EEA countries, you are required to have the following available:

A passport from one of the EEA countries or Switzerland? Then you are free to come and work in the Netherlands as a ZZP'er.

A signed model agreement setting out the arrangements of the temporary assignment for the client. 

A third-party liability insurance during the performance of the work.

A VCA full certificate

Administrative obligation

WagwEU reporting obligation

If you are a self-employed worker from the EEA or Switzerland coming to work temporarily for a service recipient (client) in the Netherlands, you must report to the Dutch online reporting office. (Posted Workers Portal) You must do this 2 days before the work starts. The principal checks whether a proper report has been made and then he must approve the report in the online reporting office.

For self-employed workers, the reporting obligation only applies to certain sectors.

Are you self-employed outside one of the EEA countries
Are you a self-employed person from a country outside the EEA or Switzerland? Then you must also have a residence permit for self-employed. Without this residence permit, you are not allowed to work as a ZZP'er for a service recipient (client) in the Netherlands.

As a ZZP'er from outside the EEA and Switzerland, you do not need a work permit (work permit) if you are actually self-employed. The Dutch Labour Inspectorate does check whether this is the case.  

Note: Are you a Ukrainian refugee working as a self-employed person? Then the service recipient (client) must apply for a work permit (TWV) in every situation.

Enforcement by inspection SZW

Obligations of self-employed persons and service recipients (principals)
The Inspectorate SZW checks whether ZZP's (self-employed persons) and service recipients (principals) comply with the WagwEU. Together with the Tax Authority and the Social Insurance Bank (SVB), the Inspectorate SZW has direct access to all reports. Social partners can also request data from the hotline when inspecting compliance with collective agreement provisions. Does an inspection reveal non-compliance with the duty to report and/or the duty to inspect? Then the reporting party (ZZP'er) but also the inspection party (service recipient) can be fined.


If you would like further information on the WagwEU for ZPPs, please contact us.

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