Wij zijn in 2021 én 2020 het beste advocatenkantoor van Nederland op het gebied van klanttevredenheid.

Wij zijn in 2021 én 2020 het beste advocatenkantoor van Nederland op het gebied van klanttevredenheid.

Posting of workers: Important Judgment EU Court of Justice

The European Court of Justice has made an important judgment 11 September 2014 (C-91/13) on the subject of posting of workers within the EU. In this case an undertaking established in Germany provided the service of making its Turkish workers available to a user undertaking established in the Netherlands. Under the Dutch Act on Employment of Foreigners an employer is prohibited in the framework of the transnational provision of services consisting in making workers available, from having work carried out in the Netherlands by a foreign national who does not hold a work permit. Non compliance leads to fines imposed by the Ministry of Social Affairs. The EU Court of Justice has ruled in this judgment that this work permit requirement is an unauthorised restriction on the freedom to provide services. A notification requirement is allowed according the EU Court.