What would the proposed Dutch rules change for employers and contractors using workers posted through another EU member state?
A route the cabinet wants to narrow
The Dutch cabinet proposes stricter conditions for workers from outside the European Union who are sent to the Netherlands by a company established in another EU member state. Minister Vijlbrief says this route is being used increasingly and is intended to avoid Dutch rules on work and residence permits. That is the government’s characterisation, not a proven finding in the source report. The mechanism is a form of cross-border posting: a company in one EU country employs or deploys the worker, then sends that person to carry out a job in another. The proposal would make that arrangement harder to use as an alternative to direct admission to the Dutch labour market.
The proposed test would happen before the Dutch assignment
Under the plan, a third-country national entering the EU through another member state would first have to work there for three months before being posted to the Netherlands. The Labour Inspectorate would check compliance. The worker would also have to hold a residence permit in the country of arrival that remains valid for longer than the Dutch assignment. The stated purpose is to ensure that the worker can return to that country when the job in the Netherlands ends. The proposed rules are due to take effect on 1 July 2027, subject to the government’s plans and the parliamentary process.
Why this matters in contracting chains
For companies bidding for public work, the change would make labour-supply arrangements a more material part of delivery planning. A main contractor or supplier using an intermediary in another EU state would need reliable information about where a worker entered the EU, how long that person worked there and whether the residence permit covers the relevant period. The proposal does not itself describe a new tender procedure, but it could affect whether a staffing model is lawful once a contract is being performed. This is transferable across sectors: responsibility for labour compliance can extend beyond the firm named in the contract to the cross-border chain supporting it.
Higher penalties are part of a wider package
The cabinet also plans higher fines for employers that breach labour laws. From 1 July, penalties are set to rise by about 22 per cent; the maximum fine for paying below the minimum wage would move from 10,000 euros to about 12,200 euros. Other proposals are aimed at deductions and agency labour. From 1 July 2028, companies are intended to be barred from withholding money from minimum pay in exchange for housing, while a ban on hiring temporary agency workers in the meat sector is also planned for that year. Parliament’s relevant committee is due to discuss the plans with Vijlbrief next Thursday.
IN NUMBERS
The proposed three-month requirement would shift scrutiny towards the history and legal status of workers before they arrive for a Dutch assignment. Buyers and suppliers assessing delivery capacity will need to treat cross-border labour arrangements as a compliance issue, not only a staffing choice.
Reported from nos.nl, 2026-11-06. The Tender Wire is published by Otnox.
