There are a number of sectors for which it is not necessary to notify the arrival of posted workers. Some occasional activities are also exempt from the duty to notify.
These exceptions do not apply if the posted worker is the national of a third country (a country outside the European Union (EU), European Economic Area (EEA) or Switzerland). There are also other exceptions for self-employed persons.
Exempt sectors
The sectors are determined on the basis of the Standard Business Classification (SBI). The arrival of workers from the EU, EEA or Switzerland does not need to be notified if they are posted to work in the following sectors:
49.1 Passenger rail transport (not tram or metro);
49.2 Freight rail transport;
49.3 Passenger transport by road;
49.4 Freight transport by road, provided that such operations consist exclusively of transporting goods through the Netherlands without loading or unloading in the Netherlands (transit transport);
50 Water transport;
51 Air transport;
53 Postal and courier activities;
84.1 Public administration;
84.2 Public services.
Exempt activities
The arrival of workers from the EU, EEA and Switzerland does not need to be notified if they are posted to carry out the following types of occasional work temporarily:
Assembly or installation must be carried out by qualified or specialist workers. This exception only applies if the work is an essential part of a contract for the supply of goods. Furthermore, the work on the goods must be essential in order for the goods to be operational. The work must not take longer than 8 days. In addition, the work must not be related to activities in the construction sector.
The equipment must have been supplied by the non-Dutch employer to the Dutch client for which the repairs or maintenance are to be carried out. This also applies to software that workers come to install or modify, or in relation to which they provide training. The exception only applies if their stay is essential for these activities. Workers must not stay longer than 12 consecutive weeks within a 36‑week period.
Businesspeople must not stay longer than 13 weeks within a 52‑week period.
Foreign correspondents must be employed by a news or publicity agency whose head office is outside the Netherlands.
Participants (and their permanent employees) must not stay longer than 6 consecutive weeks within a 13‑week period.
Participants (and their permanent employees) must not stay longer than 6 consecutive weeks within a 13‑week period.
Employees who teach, conduct research or attend scientific conferences in the sector classified under group 85.4 (Higher education) in the Standard Business Classification.
