What is the WagwEU?

In this article, you will read what the WagwEU (Dutch act on terms of employment of posted workers in the EU) is, why it exists and how to apply it in Oribi WorkpassID.

WagwEU stands for Wet arbeidsvoorwaarden gedetacheerde werknemers in de EU (Dutch act on terms of employment of posted workers in the EU). This act has applied since 18 June 2016. The government wants foreign workers in the Netherlands to receive the same terms of employment as Dutch workers.

These are the most important points:

• the minimum wage

• sufficient rest periods

• safe working conditions

• equal treatment of men and women

• a minimum number of holiday days.

What has changed?

Since 1 March 2020, foreign contractors from the EEA and Switzerland must register when they work in the Netherlands.

Example:

• Organisation A (the main contractor)

  • Subcontractor B

    • Subcontractor C

If subcontractor B is a German company, that company must register its workers posted to A through the notification portal at www.postedworkers.nl. Organisation A must then check and approve the registration in that notification portal.

If subcontractor C is a Portuguese company, that company must register its posted workers through the notification portal at www.postedworkers.nl. Subcontractor B must then check and approve the registration in that notification portal.

Please note: the WagwEU does not include chain liability. Workers of subcontractor C are not checked by Organisation A in the notification portal. Other legislation continues to apply, so chain liability may indeed be applicable. By registering in WorkpassID, you comply with other relevant legislation.

When to register?

Does a worker work for a foreign legal entity? Then you must register through posted workers. Registration with the Dutch KvK (Dutch Chamber of Commerce) does not change this. The WagwEU obligations are separate from social security contributions and payroll taxes.

Notification duty lapses

Because of the new registration duty in the WagwEU, the notification duty has lapsed. It has been removed from the assessment task 'Foreign worker'.

Annual notification not applicable

You do not have to submit an annual notification. The construction industry is exempt.

What about self-employed workers?

In the construction industry, the registration duty also applies to self-employed workers. Self-employed workers must therefore register as well.

Foreign nationals

The Wet arbeid vreemdelingen (Dutch Foreign Nationals Employment Act) still applies. For staff from outside the EEA, you must store a copy of the passport.

Do I really need eHerkenning for the notification portal?

That is the safest and most reliable option. You can also create a separate account in the notification portal. Oribi cannot help you with this; this is handled by the notification portal.

Watch the webinar again

Together with Pellicaan advocaten and Mazars, Oribi organised a webinar about the WagwEU. Watch the webinar here.

My question is not answered here

The Ministry of SZW (Dutch Ministry of Social Affairs and Employment) has an extensive FAQ at www.postedworkers.nl. Cannot find an answer? Then email our Servicedesk.

The WagwEU Helper in WorkpassID

A separate notification portal is required for the WagwEU. Registration in WorkpassID is not enough. However, Oribi WorkpassID does help you to keep track of the status of notifications. This way, subcontractors enter the correct details in the notification portal in one go.

Setting up the WagwEU Helper

The Organisation administrator sets whether the WagwEU Helper is switched on in the settings of an Organisation and a Project. By default, it is switched off.

Click the button Change WagwEU settings

Fill in the form with the location of the project, contact details and other details. We complete these automatically where possible. Fill in the rest yourself.

For the subcontractor

Have you set up the WagwEU Helper? Then a foreign subcontractor sees a notification in their vault that they must register their workers at http://postedworkers.nl. Click the notification for the correct details. This way, you prevent mistakes when filling it in.

The assessment

As an organisation, you approve or reject notifications from subcontractors in the notification portal. This can also be done in WorkpassID. If you reject an assessment, a subcontractor cannot work at the work location, just as with other assessments. This way, you keep control over who you register at the work location.

For each subcontractor, WorkpassID asks for one or more notification numbers in the Company details tab. Use the notification number to look up and assess the notification in the notification portal. This is mandatory.

Do you approve the assessment? Then this worker may work at the work location. Do you reject it? Then the worker cannot receive an access pass.