News item | 14-02-2025 | 15:30
The Netherlands wants clearer European rules for seconded labor migrants from outside the EU. The Netherlands wants pole and perk to be put on people from outside the EU who are recruited through another European country to be put to work directly in the Netherlands. This construction is used to bypass Dutch admission policy for labor migrants from outside the EU. This often leads to abuses.
Minister Eddy van Hijum of Social Affairs and Employment today made this call to European Commissioner Minzatu on behalf of 7 European member states.
In 2023, 23,000 Derdelanders from outside the European Union were seconded to a Dutch company from a company from another EU member state. These posting leads to many abuses. Also, these third -country nationals would never be admitted to work here through Dutch rules.
Minister Eddy van Hijum of Social Affairs and Employment: “The commitment to combating improper secondment of Derdelanders is part of the broader deployment of this cabinet to get a better grip on labor migration and to put an end to the abuses. On my initiative, I call on the European Commission, together with colleagues from other EU member states, to clarify the rules surrounding the posting of Derdelanders and to strengthen joint enforcement through the ELA ”.
Secondmenting is part of the free movement of services within the EU. Derdelanders can also be seconded from one EU member state to another. In practice, however, there is often improper use and false constructions.
For example, a Derdelander is seconded from another EU member state to the Netherlands, without first having worked in the other EU member state. This is mainly because the rules are unclear and difficult to enforce. The rules are applied differently by Member States. For example, it is unclear how long people in an EU member state must have worked before they are allowed to work in another country.
In addition, posted third-country nationals are extra vulnerable to abuse because they are often dependent on their employer for their residence and working permit. Abuse and improper use of the secondment route wants to combat the Dutch cabinet, as this leads to unfair competition on employment conditions, inadequate protection of vulnerable employees and circumvention of Dutch admission policy. Clear rules must go hand in hand with good (cross -border) enforcement, in collaboration with a strong European labor authority.
The call from the Netherlands is supported by Belgium, Denmark, Germany, Italy, Luxembourg and Latvia. Together with the Netherlands, they represent more than 40% of the EU population. The European Commission will have to make a decision whether and how the rules will be adjusted.