Inbound Cross border activities
Employers in the EU can transfer a non-EU employee to the Netherlands or vice versa without the worker requiring a work permit. This is called a cross-border service. There is no need for a work permit even if an employee lives outside the EU. In the Netherlands, it is also not necessary to pay social insurance premiums for the employee.
To obtain a residence permit with the aim of providing cross-border services in the Netherlands, the following conditions apply.
• The Public Employment Service (UWV WERKbedrijf) must be informed beforehand about which services it concerns and where they are performed.
• The service preferably relates to specific activities with a fixed time against a pre-agreed payment.
• The transferred employee is entitled to a salary, work and rest times, holidays and health and safety standards in accordance with the Collective Labour Agreement provisions.
The service recipient established in the Netherlands asks the EU service provider for a so-called A1 statement. This states that the social insurance contributions are paid in the employee’s country of residence. The A1 declaration is valid for 24 months and is provided by the social insurance institution in the employee’s country of residence.
In the case of cross-border services, employees do not officially join the labour market of the member state. The distinction between the free movement of services and the free movement of workers is important: the free movement of workers requires full equal treatment. With the free movement of services, the law of the relevant member state remains valid.
Intra EU mobility
We can help transfer your employees within the EU. It is possible for an employee not only to move from one EU state to another but also to work in these member states with a single work permit. When your company operates internationally, you will have to deal with the employment legislation of multiple countries as well as mandatory European legislation. We have specialist associates throughout Europe with many years’ experience of dealing with the relevant issues. For example, we know if work permits are required, which employment law applies to a specific assignment and the minimum salary threshold in the new country. We will make your employee’s transfer as stress free as possible.
Cross-border service employment requires an understanding of best practices. We know all about European employment and corporate immigration legislation, as we have been providing advice on cross-border mobility issues for many years. Thanks to our practical experience, we can handle any risks or problems that may arise. We also have access to a robust, established international network of advisors, lawyers and specialists. Due to our knowhow and extensive network, we can offer the best service to clients when dealing with complex cross-border projects.
Would you like to know more about the notification procedure for EU service providers or intra EU mobility?
Is your company based in the EU and are you considering the temporary employment of a non-European employee in the Netherlands or another EU country? We are always happy to explore the possibilities with you. You can contact us today.