Notification ‘Posted Workers’ no longer necessary in the Netherlands for UK-based companies
After December 31st 2020, the free movement of services between the EU and the United Kingdom will end. This means that businesses based in the UK can no longer carry out services in the Netherlands on the basis of EU law. Current posted workers which have commenced before January 1st 2021 cannot continue, unless they have applied for the necessary residence permit based on the Withdrawal Agreement. The United Kingdom has already left the EU on January 31, 2020. There was a transition period until 31 December 2020, during which all EU rules and laws for the UK still applied.
If you want to start a new posting after the transition period you can use the existing options under the Dutch legislation for posting of non-EU citizens. This means that you have to apply for a work- and residence permit for your employees to work in the Netherlands. This applies to employees who were not employed or have not lived in the Netherlands before 1 January 2021. It is possible to submit an online application.
What will change for the UK company’s duty to notify after 1 January 2021?
After January 1st 2021, UK companies will no longer be required to report posted workers via the notification portal. This is due to the fact that EU regulations are no longer applicable to the UK. If a notification has already been made before the end of the transitional period, it does not need to be adjusted. This adjustment will be processed automatically by the notification portal.