A notification also needs to be made for workers posted by a foreign temporary employment agency. Who is responsible for the notification depends on the situation. Use the decision tree to check your duties.
*If there is an employment contract between your company and the agency worker, or between a Dutch temporary employment agency and the temporary agency worker, then there is no duty to notify. Noti cation is only required when a worker is employed by a foreign temporary employment agency and is temporarily loaned to you in your capacity as a client in the Netherlands. Please find more information about the de finition of posting here. NB: If you hire a temporary agency worker through a Dutch temporary employment agency, this agency worker could originally be employed by a foreign temporary agency. In that case the duty to notify does apply. You can check with the Dutch temporary employment agency whether this is the case.
**NB: Are you passing an agency worker posted to the Netherlands on to another company in the Netherlands or in another EU Member State? If so, inform the foreign temporary employment agency responsible for the agency worker about this in good time. The foreign temporary employment agency must update the noti cation in the Posted Workers noti cation portal. That way, the noti cation portal has the correct information about the Dutch client and the place of work. The company for which the agency worker is working in the Netherlands must check this noti cation.
*** It is the responsibility of the Dutch temporary employment agency to give the foreign temporary employment agency information in good time so that the la er can adjust the existing noti cation. The foreign temporary employment agency remains responsible for the work- and employment conditions of the posted worker.