We would be happy to answer any questions you may have
We would be happy to answer any questions you may have
We would be happy to answer any questions you may have
We would be happy to answer any questions you may have
We would be happy to answer any questions you may have
Home / Posted Worker Notifications / Compliance Risk
Do not act over-motivated, do not push into foreign markets at any cost, but take the time in advance to ensure that in the case of cross-border activity, only national borders – and not legal ones – are crossed!
In the worst case, crossing borders can result in the following sanctions/penalties in particular:
Sanction payments
Legal penalties and fines
Employer brand damage
Entry bans
Claims for damages from employees for breach of duty of care
Exclusion from the local market
Personal liability of the management
Irreparable damage to reputation
A lot can be applied for and done from the home country before a short or long-term foreign assignment or business trip. Important documents should be made available to employees right from the start.
What is the risk? Employees that go on a business trip to another EU country to perform some work need to be registered within the destination country’s local authorities to avoid legal penalties, fines, and potential legal disputes.
Brisa ensures that the employee is properly registered with the authorities before starting the posting of the worker.
What is the risk? Unauthorized access, breaches, theft or damage of data during your employee’s trip abroad, as well as ensuring coverage by and compliance with adequate data privacy laws similar to GDPR in the destination country.
What is the risk? We at Brisa assess GDPR applicability, review adequacy decisions and destination country laws. We conduct transfer impact assessments and offer employee instructions for GDPR compliance. We ensure that only the personal data required for the particular countries registration process will be submitted.
What is the risk? The travelling employee constitutes a Permanent Establishment in the destination country. If this is the case, you would have to register the company locally, report profits to the local business and file corporate tax.
Brisa’s reporting engine helps you triggering corporate tax liability in the destination country.
What is the risk? The traveler-employee becomes socially insured in the destination country and/or loses entitlement of the home country’s social security, both of which are not desirable.
With our automated A1 process we can apply for certificates in seconds ensuring your employees remain covered by their home country’s social security scheme.
The Policy Rule on the Imposition of Fines for the Employment Conditions of Posted Workers in the European Union includes situations under which the fine is increased by 50%. Also, on the basis of this Policy Rule and specific situations mentioned herein, the fine can be moderated (= reduced) by 25%, 50% or 75%.
Do you live and work in a country within the European Economic Area (EEA) or Switzerland, do you remain employed by your employer and are you coming to work temporarily in the Netherlands (secondment)? Then your employer is obliged to report your arrival. The EEA includes all EU Member States, Norway, Liechtenstein and Iceland.
If you come to the Netherlands with your employer for a temporary assignment, you are entitled to the most important Dutch employment conditions. This also applies if you are seconded from a multinational company to an establishment in the Netherlands or if you come to work via an employment agency in the Netherlands. These employment conditions are described in the Dutch labor law. In sectors where a collective labor agreement that has been declared universally applicable applies, you are also entitled to the hard core of the employment conditions from this collective labor agreement. You can read more about this under rights and obligations.
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+49 (0)89 4141 754 0
info@inhousemobility.com
Inhouse Mobility GmbH
Walter-Gropius-Str. 15
80807 Munich, Germany
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