The Dutch legislation on cross-border posting in road transport has been in force since 1 June 2023. This legislation requires transport companies to submit a notification for posted drivers through the European Union (EU) Posting Declaration portal and to provide them with an appropriate hard core of working conditions.
What does posting mean under the new rules of the Mobility Package?
Posting refers to drivers who work temporarily in a country other than the country in which their employer is established. This may have implications for the working conditions to which they are entitled. If they are posted to a country with a higher minimum wage – or a higher wage under a collective agreement – than in the home country, they are entitled to the higher wage. Other working conditions, such as holiday entitlement, may also differ.
When is there a posting, and where do you need to submit a notification for a driver?
| Pure provision of services: A foreign driver is employed by a company established in another EU Member State. | Intra-group secondment: A foreign driver employed by an establishment within a group or concern in another EU Member State is seconded to an establishment in the same group in the Netherlands. | Temporary agency work: A driver is hired by a transport company established in the Netherlands via a temporary employment agency from another EU Member State. | |
|---|---|---|---|
| Cabotage | The rules of the European Mobility Package apply. A notification for the posting must be submitted using the EU Posting Declaration portal (IMI). | This falls under the rules of the Terms of Employment Posted Workers in the European Union Act (WagwEU). A notification for the posting must be submitted using the Dutch notification portal. | This falls under the rules of the Terms of Employment Posted Workers in the European Union Act (WagwEU). A notification for the posting must be submitted using the Dutch notification portal. |
| Non-bilateral transport (cross-trade) | The rules of the European Mobility Package apply. A notification for the posting must be submitted using the EU Posting Declaration portal (IMI). | This falls under the rules of the Terms of Employment Posted Workers in the European Union Act (WagwEU). A notification for the posting must be submitted using the Dutch notification portal. | This falls under the rules of the Terms of Employment Posted Workers in the European Union Act (WagwEU). A notification for the posting must be submitted using the Dutch notification portal. |
| Bilateral transport | There is no posting. No notification is required. | There is no posting. No notification is required. | There is no posting. No notification is required. |
| Transit | There is no posting. No notification is required. | There is no posting. No notification is required. | There is no posting. No notification is required. |
Explanation of the different types of transport
The Mobility Directive distinguishes between the different types of transport.