English
I post my drivers from the Netherlands abroad
As a Dutch transport company, do you post drivers to an EEA country? If so, take note: there is a new law for posting in international road transport.
The new law
There is a new law in Europe for international road transport. Under this law, transport companies must report posted drivers to the European posting declaration portal. Posted drivers are also sometimes entitled to better terms of employment. This ensures that there is no unfair competition between transport companies.
When should I submit a notification for my drivers?
Do your drivers drive in the EU, Liechtenstein, Norway or Iceland? And are your drivers posted? If so, you are required to report your drivers. Whether your drivers are posted has to do with several aspects. Cabotage and third-country transport are always considered posting, for example. Bilateral transport is usually not.
How do I submit the notification?
The notification is usually submitted via the European IMI portal. In some cases, you need to make a notification via the Dutch online notification portal. Read here about when to report drivers at which portal, or use the online tool above.
Why is notifying important?
The new law ensures that drivers are treated more fairly in Europe. The new law also helps prevent unfair competition between transport companies. In other words: because all European transport companies pay the same, fair salary to drivers, all transport companies have a level playing field. The government can check that level playing field with the notifications submitted via the portal. The new law means transport companies across Europe notify their drivers in the same way. This reduces the administrative burden. Notifying is mandatory. If you fail to submit a notification for your drivers or give them the right terms of employment, you risk being fined.
When do which terms of employment apply?
Under the new law, drivers are entitled to the terms of employment in the most favourable country. Are the terms of employment in the country where your drivers are posted better than the terms of employment in the Netherlands? If so, you are required to offer them these better terms of employment. Are terms of employment less good in the country where your drivers are posted? Then Dutch employment conditions will continue to apply.
This concerns the following terms of employment:
- The statutory minimum wage
- Rules on working hours and rest periods
- Safe working conditions
- Equal treatment of men and women
- A minimum number of holiday and leave days
Here you can see which terms of employment apply in which country. In some countries, a 'generally binding collective agreement' applies. In that case, the core employment terms of that collective agreement will apply.
Find out more
Do you have any questions about this law? If so, look here. Or visit the English transport sector page here. Would you like to know more about a country? If so, please contact the national liaison offices in the country you are posting drivers to.