Third-Country Nationals
Third-country nationals (TCNs) are individuals who are in transit and/or applying for visas in countries that are not their country of origin, in order to go to a destination country that is also not their country of origin.
Posting Third-Country Nationals (TCNs) to Netherlands
What Employers Need to Know
When your company is planning to post workers to Netherlands, and these workers hold a nationality outside the EU, EEA or Switzerland, specific rules apply. These employees are classified as third-country nationals (TCNs) for which additional conditions must be met to ensure legal compliance.
This page explains the responsibilities, eligibility criteria, and reporting requirements for employers posting TCNs, helping you avoid penalties and promote fair labor conditions.
What Is a Posted Worker
Who Qualifies as a TCN?
A posted worker is an employee who is sent by their employer to work temporarily in another EU member state. For example, a scaffolding company in Lithuania may send a team, including 3rd country nationals, to a project in Netherlands.
For TCNs to be posted legally, the following requirements have to be met...
Genuine
The posting must be genuine, which means that your company must be active in the country of establishment as well.
Legal Residence
The TCN must legally reside and work in that EU/EEA/Swiss country (e.g. with valid residence and work permits)
Work
The TCN must normally work in that country before being posted elsewhere. This means that the TCN cannot enter Netherlands directly from their home country to work.
Improving
Self-employed TCNs cannot post themselves to Netherlands, even if they’re established in the EU.
For more on what constitutes a legal posting, visit this page of the Dutch Ministry of Social Affairs and Employment.
Main Conditions of Employment and Worker Rights
Posted TCNs are entitled to the same core employment conditions as posted EU nationals. This includes:
These requirements are designed to ensure fair treatment and avoid social dumping. Employers must also ensure that the terms of the posting do not breach Dutch labor standards.
Notification Obligations and the WagwEU
Before any work in Netherlands begins, the employer must submit a notification via the official posted workers notification portal. This applies always for TCNs posted from within the EU/EEA/Switzerland.
You can submit notifications in Dutch, English or German, and for multiple employees at once. The process falls under the WagwEU (Dutch Terms of Employing Posted Workers in the European Union Act), which requires employers to declare the nature and duration of the work.
More information about the obligation to notify your posted workers can be found on this page of the Dutch Ministry of Social Affairs and Employment.
Residence Permit Requirements for Longer Postings
If a posted TCN will remain in Netherlands for more than 90 days within a 180-day period, you are required to apply for a residence permit for the cross-border provision of services through the Dutch Immigration and Naturalization Service (IND)
This requirement is in addition to the normal reporting under WagwEU and ensures immigration compliance for longer assignments.
Why These Rules Matter
The rules for posting TCNs protect both workers and the Dutch labor market. They aim to ensure that everyone works under safe, fair, and healthy conditions, regardless of nationality. The Netherlands Labour Authority actively monitors compliance, and failure to adhere to these rules may result in significant fines which may reach up to € 12.000 per case.
More details are available in the official FAQ: Are there additional requirements for posted third-country citizens? Also see our own FAQ for other questions you may have.