On the 1st January 2017, a new legislation on minimum wage entered into force in the Netherlands.
Following the transposition of the EU legislation on Posted workers into Dutch law, the Dutch Ministry of Social Affairs communicated that in regards to the transport sector, the latter will only be applicable in the case of cabotage. Bilateral, third country and transit operations will be exempted.
1. Scope (both freight and passenger)
- cabotage ONLY
- bilateral international, third country and transit EXCLUDED
- under construction, electronic system should be operational as of 1 January 2018
3. Documentation obligation
- only upon request, employers are obliged to give to the inspectorate all the information needed for a correct enforcement of Directive 2014/67
- the following documents have to be kept available at the place of work - salary slips including proof that salary has been transferred to the driver, labour contract, working time overviews (for the period spent in the Netherlands) proof of social security. Documents do not have to be on board of the vehicle and may be transferred digitally to the inspectorate.
4. Minimum salary level
- The driver has to be paid according to the collective agreement level in transport or the Dutch minimum wage level. In the Netherlands, level for an international driver is €13.91 gross per hour and the minimum wage level is 8.96 Euro gross per hour
5. Contact person
- The employer needs to appoint a contact person in the Netherlands to which the inspectorate can turn to in case of requests
Please note that the Dutch law is based on the principle of joint liability therefore other parties in the supply chain may also be held liable in case of violation. This means that, for example, the shipper can be held responsible if the employer fails to meet the wage standards the driver is entitled to.