Orchard Consultancy advises on both the potential and the risks of contracting foreign temporary personnel.

Orchard Consultancy advice covers:

• Certification NEN 4400-2.

• Pros and cons on foreign personnel.

• International and national law.

• Dutch Tax Chain Liability Law.

• EEG norms and values.

• Liability of foreign agencies.

Due to the many essential issues that have been taken care of in the European Community, there are hardly any objections from a governmental point of view, to work in the Netherlands and vice versa. Obviously, border-crossing labour is one of the cornerstones of the EU. Of course the governing rules have to be handled and controlled appropriately.

Several organizations like the IND, labour inspectorates, industrial organizations, tax collectors and (?branch?) organizations are keen on the correct observance of the existing rules. This is also due to the fact that more and more employees work in other EEG-states arising from the unification of Europe. (???As for other employees and employers this necessarily results in recording tax contributions and social security fees. ???) or does the Dutch text really mean : (Amongst other factors affecting employees and employers, the resulting consequences are the recording of tax contributions and social security fees.)

Furthermore it should be noted that Dutch organizations have no objections to employing foreign workers in The Netherlands, who are governed by the laws of their country, provided that the circumstances in which these employees work in the Netherlands comply with the conditions stipulated in the law of their country.

Orchard Consultancy advice will save you from risks.

As you will have understood from the above, it is of the utmost importance that you, as a Dutch company are fully aware of the kind of social security and tax law the concerned employees are governed by, and with which organization you will be working abroad. If the rules are wrongly interpreted, your Dutch company could be charged with substantial payment surcharge (over €10,000 per illegal employment is not exceptional) due to the Dutch Tax Chain Liability Law.

Orchard Consultancy is able to advise you about legal possibilities to delegate labour to foreign companies.