Marcin Kuczkowski - Agencja zatrudnienia obcokrajowców EWL Published: 09.03.2021
Author:Marcin Kuczkowski
Marcin Kuczkowski - Agencja zatrudnienia obcokrajowców EWL
Marcin Kuczkowski
09.03.2021
Blog EWL | News

Posting of foreigners to the Netherlands and Benelux

Pracownik transgraniczny dla firm – łatwiej przez agencję pracy tymczasowej

The introduction of the EU freedom of movement and provision of services has resulted in the opening of the European markets for Polish companies and has enabled cross-border posting of workers to the EU countries. Does the possibility of posting employees also apply to foreigners who are not citizens of one of the EU member states? Is work in the Netherlands or Belgium also available to Ukrainian citizens? What does the posting of an employee abroad look like? Please read about it!

The Act on posting of workers – what legal acts regulate the posting of workers abroad?

Work in Belgium and other Benelux countries is very attractive for workers from the East – Ukraine, as well as Belarus, Georgia or Moldova. Higher wages mean that there is no shortage of people willing to work in the West. When deciding to employ foreigners, also from outside the EU, it is worth knowing the legal acts regulating the issue of posting employees. In the case of work in the Netherlands, these include among others:

  • Terms of Employment of Posted Workers in the European Union Act (WagwEU)
  • Act on Combating Sham Arrangements (WAS
  • Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems
  • Convention between the Kingdom of the Netherlands and the Republic of Poland for the avoidance of double taxation of 12 February 2002
  • Provisions related to the legalization of stay and work of foreigners in Poland

Cross-border workers for companies – it is easier with a temporary employment agency

The procedure for employing cross-border workers is quite complicated. It is regulated by a number of legal acts, and additionally, due to the COVID-19 pandemic, it is necessary to follow the regulations concerning the arrival of an employee in a particular destination country. As stipulated in Directive 96/71/EC, the entire process of posting a worker abroad can be outsourced to a specialized temporary employment agency.

Posting of workers with a temporary employment agency – benefits:

  • Time saving – the recruitment agency will handle the entire procedure comprehensively
  • Expert know-how – experts from the EWL team have knowledge and experience in cross-border posting of foreigners
  • Legal security – the EWL employment agency is a proven business partner, we constantly verify current legislation and employ workers in accordance with current regulations
  • Cost optimization – as far as social insurance is concerned, cross-border employees are subject only to Polish regulations
  • Comprehensive service of projects – in the EWL Group we take care of end-to-end service: we recruit and select candidates, complete documents necessary for legal employment, organize transport and accommodation for employed persons, and we settle the remuneration of delegated employees in a correct and timely manner

Who is a cross-border worker

Cross-border posting of workers is a term referring both to employees who have their centre of interest in Poland and are posted to work in another EU member state, and to employees who live in other countries and are posted to work in Poland.

It is worth remembering that the posting of an employee to work abroad must comply with international law, as well as regulations in the destination country.

Quarantine of cross-border workers – mandatory or not?

The prevailing coronavirus pandemic and the sanitary restrictions introduced in connection therewith are causing many countries to close their borders or make quarantine mandatory for incomers. These restrictions are somewhat relaxed for cross-border workers. In most states in Germany cross-border workers are exempt from the mandatory 14-day quarantine. However, due to the dynamic change of the epidemiological situation, it is necessary to follow the legislation in the destination country for the posted worker. EWL monitors the changing legislation and sanitary restrictions. If you decide to cooperate with us, you will gain a safe business partner.

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