On March of 2020 the Netherlands started to applicate the minimum wage law for posted drivers. Till 1st of September 2020 there is a period of solidarity when foreign transport companies are not fined if their drivers are still not declared. After this period those road transport companies that are posting their drivers to the Netherlands needs to comply with WagwEU legislation and to be prepared for official control and road checks.
THINGS TO REMEMBER TO BE IN COMPLIANCE WITH WAGWEU LEGISLATION IN THE NETHERLANDS
- What is the minimum wage in the Netherlands?
At this moment the Dutch Collective Agreement “CAO beroepsgoederenvervoer” for transport sector is not applicable for foreign companies. The foreign service providers in road transport can in principle only be obliged to comply with the legal minimum when they are posted to the Netherlands.
From 1st of July, 2020, the minimum wage for employees aged 21 and older is € 1,680 per month. This wage differs depending on different factors, such as age or the number of worked hours. The minimum wage is lower if you are under 21. In most collective labor agreements, minimum wage is based on a full-time employee (36 – 40 hours per week). Regarding 36 hours per week, the minimum wage is 10,77 EUR , 38 hours is 10, 21 EUR and 40 hours is 9, 70 EUR. Press here for more information.
2. Mandatory documents inside of the truck:
The posted driver will need to have those documents available for road controls: contract of employment, pay slips, summary of working hours, A1 certificate, and proof of payment.
3. The foreign road transport company will need to appoint a contact person and to notify its drivers
The company will have to notify its driver’s work in the Netherlands for transport of goods activities when these activities imply cabotage operations and/or international transport operations (loading or unloading in the Netherlands) via a one-year posting declaration. The company will have to appoint a contact person in the Netherlands that can communicate with the Dutch inspectorate. Move Expert will be a contact for its customers who are using WagwEU service.
In the case of non – compliance with Dutch minimum wage and duty to notify, the Inspectorate SZW ( Labor Inspection) may impose a fine. For example, the fine may be given if less than the Dutch minimum wage is paid or there is a non-compliance with the duty to notify, the obligation to have documents available or to provide information.
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Do not hesitate to contact us if you have any question concerning the WagwEU in Netherlands or any other Posting of drivers service that we provide.