You are a posted worker when the following points are applicable to your situation:
- You are legally working and residing in another EU Member State (the so-called sending Member State, for example Poland) than the Netherlands. The company you work for is registered there.
- You are sent by your employer to carry out work for another company in another EU Member State (the receiving Member State, in this case Netherlands).
- The task is temporary.
What is the difference between being posted and direct employment?
- When you are posted, then you continue to be an employer of the company that has hired you in the first place, you are just temporary assigned to work elsewhere (posted) to complete a temporary and specified task.
- This means that the company continues to be responsible for paying your social security in the sending EU Member State. Therefore you cannot rely on social security rights in the Netherlands!
- For the first 12 months you are entitled to the core labour conditions applicable in the Netherlands.
Do you not know whether you are posted and what your rights are? Contact us at: firstname.lastname@example.org and we will look into it.