Dutch government plans stricter rules for non-EU workers

The Dutch government wants to introduce stricter rules for non-EU workers temporarily sent to the Netherlands by companies based elsewhere in Europe. Under the proposal, workers would generally have to spend at least three months working in the other country before being posted to the Netherlands.

Netherlands wants to tighten rules for posted non-EU workers

Under current EU rules, companies based in one European country can temporarily send their employees to work in another. This is known as posting, and it allows non-EU nationals who are legally employed in another EU country to work in the Netherlands under certain conditions.

However, some employers are using this arrangement to bypass Dutch employment and immigration rules, according to the Dutch government. The government argues that this creates unfair competition between businesses and leaves workers vulnerable to exploitation, particularly when they must turn to their employer in another EU country to resolve disputes over pay or working conditions.

The number of reported non-EU workers posted to the Netherlands increased from approximately 18.000 in 2021 to more than 29.000 in 2025. The government believes the actual number is higher, as not all postings are registered.

What would change for non-EU workers in the Netherlands?

Under the proposal, authorities would consider whether non-EU workers have spent at least three months working in the European country sending them to the Netherlands immediately before their assignment. This would help establish whether they genuinely work in that country, rather than being employed there solely to be sent to the Netherlands.

The government also wants to ensure that workers' work and residence permits in the sending country remain valid beyond their temporary assignment in the Netherlands. This would allow them to return to that country legally once their work in the Netherlands is completed.

Employers would therefore need to pay particular attention to workers' previous employment and immigration status. The proposed changes would also give the Netherlands Labour Authority clearer criteria for identifying unlawful postings, with fines possible for employers who fail to comply with the rules.

New rules for posted workers expected in July 2027

The proposed changes are expected to take effect on July 1, 2027, but have not yet been finalised. The government has opened a public consultation, allowing interested parties to submit feedback until December 4, 2026.

Once the consultation closes, the Ministry of Social Affairs and Employment will review the feedback and may adjust the proposed rules before they are finalised. The government will also publish a summary of the consultation responses and explain any resulting changes. Until the new measures are introduced, the existing rules for temporarily posting workers to the Netherlands remain in place.