The duty to notify applies only to self-employed persons working in a number of designated sectors. To determine which sector you work in, refer to the activities you perform in the Netherlands and to the criteria below. You can find the sector your work comes on the website of the Dutch Chamber of Commerce, in Dutch and English.
 

The sector in which you work as a self-employed person is assessed on the basis of the following criteria:

  • the nature of the work actually carried out;
  • the activities and work as described in the assignment contract, service agreement or transport contract;
  • the SBI code assigned to the self-employed person on the basis of their economic activities (SBI is the Dutch version of the General Industrial Classification of Economic Activities within the European Communities, or NACE); and
  • the location where the work is carried out.

You have a duty to notify if you work in the following sectors or subsectors, which are identified by the following classifications in the Standaard Bedrijfsindeling (SBI):

Administrative obligations

Under the Terms of Employment Posted Workers in the European Union Act (WagwEU), self-employed persons with a duty to notify from the European Union (EU), European Economic Area (EEA) or Switzerland have a number of obligations:

The duty to notify

Self-employed persons with a duty to notify from the countries above have a duty to announce their work in the Netherlands. They must make their notification before the work commences, through the Dutch online notification portal. The service recipient is required to review whether the posting is correctly notified. If the notification is incorrect or missing, then the service recipient must report this through the notification portal.

The obligation to have certain documents available in the workplace

These documents must show the following:

  • personal identity;
  • the identity of the service recipient;
  • the identity of the person responsible for paying the wage;

On ending the work, these documents must remain available for five years; the Netherlands Labour Authority may request access to them.

Information obligation

On request from the Netherlands Labour Authority, the Inspectorate must be provided with all information needed for enforcement of the WagwEU.

These obligations have been introduced in order to prevent false self-employment. False self-employment is when a self-employed person is engaged by a service recipient, but is actually in employment.

The Netherlands Labour Authority may impose an administrative fine for non-compliance with the duty to notify, the obligation to have documents available or the information obligation.