Netherlands: planned 3-month rule for posted third-country workers (consultation until 4 Dec 2026)
The Netherlands is consulting on a plan to allow posting of third-country workers only after at least 3 months of work in another European country. The draft start date is 1 July 2027.
The Dutch government announced on 7 November 2026 a plan under which third-country nationals could be posted to the Netherlands via another European country only after they have first worked at least 3 months in that other European country. This is not yet adopted law: the draft is in public consultation, with a start date of 1 July 2027.
What it applies to
The plan covers posted third-country (non-EU) workers, foreign employers who send them and Dutch clients who use such posting. The Netherlands Labour Authority (NLA) would enforce it. The explanatory note singles out road transport and clarifies when the more lenient work-permit exemption for international transport applies.
A new paragraph 2 of BuWav article 4.5 (the 2022 Foreign Nationals Employment Act Implementation Decree) would say that the exemption in article 4.5(1)(a) does not apply where article 4.6 applies. A posted third-country driver could not rely only on the lenient international-transport test in article 4.5; the case would be checked as genuine EU posting under article 4.6. Article 4.6 would refer to BagwEU articles 6 and 7, and a new BagwEU article 7a would spell out the test for third-country workers.
When
| Stage | Date |
|---|---|
| Start of internet consultation (register) | 2026-11-06 |
| Cabinet announcement | 2026-11-07 08:00 Dutch winter time (CET, UTC+1) |
| End of consultation | 2026-12-04 |
| Draft entry-into-force date | 2027-07-01 |
The consultation is an AMvB (a government decree, not an act of parliament). The Saturday notice said it opened that day; the register lists 2026-11-06.
What it means for trips
If adopted in this form, posting a third-country driver (for example a Belarusian or Ukrainian national at a Polish or Lithuanian firm) to the Netherlands would be assessed as lawful primarily where the driver had already worked at least 3 months in the member state where the service provider is established, and can return there afterwards to resume work. The official notice adds that the work and residence permit in the first European country should remain valid longer than the temporary work in the Netherlands. If the posting is not in order, a fine may be imposed; no amount is stated for this breach.
The explanatory note says the 3-month period is a presumption: missing one or more factual elements does not automatically mean there is no posting. The 3 months need not have been worked for the same service provider. The EU Court of Justice treated a six-month prior-work requirement as an infringement of the free movement of services; the draft chooses 3 months.
Context
The official notice says third-country nationals may work in the EU only with a work and residence permit, and Dutch conditions are stricter than in some other member states, so some employers use another route. The example is a Belarusian national put to work in the Netherlands immediately through a Polish company. The notice cites about 18,000 such posted workers in 2021 and more than 29,000 in 2025. The explanatory note gives about 17,000 for 2021, excluding road transport, and 29,700 for 2025, and says companies supply the figures. The notice adds that the real number is much higher: Panteia research finds that about 38% of posted workers are not notified. A footnote says a substantial share are posted by companies established in Poland and Lithuania and often have Ukrainian or Belarusian nationality. European Commission figures cited in the note put third-country drivers in EU road transport at 44,000 in 2012 and more than 360,000 in 2023. The same day the cabinet also announced about 22% higher labour-law fines from 2027-07-01. See the 2026 guide to general traffic restrictions in Europe and the alerts archive.
What to check
- Identify which third-country drivers run trips in the Netherlands under EU posting and whether they already worked at least 3 months in the sending state.
- Check whether work and residence permits in the sending state would outlast the planned work in the Netherlands.
- Follow the consultation until 2026-12-04: this is a draft AMvB, not a rule in force.
- Do not assume BuWav article 4.5 would by itself protect a posted third-country driver if new article 4.5(2) is adopted.
Source: Rijksoverheid, published 2026-11-07 08:00; Overheid.nl internet consultation, 2026-11-06 to 2026-12-04; Ontwerpbesluit and Nota van toelichting.
AI-generated illustration, not a photograph of the reported event.
