The Netherlands wants to combat the loophole in the secondment of labor migrants

The Netherlands wants clearer European rules for seconded labor migrants from outside the EU. The Netherlands wants to put a stop to people from outside the EU being recruited via another European country to work directly in the Netherlands. This construction is used to circumvent the Dutch admission policy for labor migrants from outside the EU. This often leads to abuses.
Minister Eddy van Hijum of Social Affairs and Employment made this call today to Commissioner Minzatu on behalf of seven European member states.

In 2023, 23,000 third-country nationals from outside the European Union were seconded to a Dutch company from another EU member state. These secondments lead to many abuses. Furthermore, these third-country nationals would never be allowed to work here under Dutch regulations.

Minister Eddy van Hijum of Social Affairs and Employment: “The focus on combating improper secondment of third-country nationals is part of the broader effort of this cabinet to gain more control over labor migration and to put an end to abuses. At my initiative, I, together with colleagues from other EU member states, call on the European Commission to clarify the rules regarding the secondment of third-country nationals and to strengthen joint enforcement through the ELA.”

Secondment is part of the free movement of services within the EU. Third-country nationals can also be seconded from one EU member state to another on this basis. However, in practice, there is often misuse and fictitious constructions.

A third-country national is then seconded from another EU member state to the Netherlands, without having worked first in the other EU member state. This is particularly because the rules are unclear and difficult to enforce. The rules are applied differently by member states. It is unclear how long people must have worked in an EU member state before they are allowed to work in another country.

Seconded third-country nationals are also particularly vulnerable to abuse because they often depend on their employer for their residence and work permit. The Dutch cabinet wants to combat abuse and improper use of the secondment route, as this leads to unfair competition in terms of labor conditions, inadequate protection of vulnerable workers, and circumvention of Dutch admission policy. Clear rules must go hand in hand with good (cross-border) enforcement, in cooperation with a strong European Labor Authority.

The Netherlands call is supported by Belgium, Denmark, Germany, Italy, Luxembourg, and Latvia. Together with the Netherlands, they represent over 40% of the EU population. The European Commission will need to make a decision on whether and how the rules will be adjusted.