Enforcing The Posting Directive

Over the past decade, the phenomenon of cross-border subcontracting has become even more popular. Increasingly often, foreign companies are part of a contracting chain and foreign employees are seconded to the Netherlands. The stimulation of the free movement of services seems to be successful. Further, it enhances the flexibility of the labour market. However, there are also negative points. The increased use of contracting chains leads to infringement of the rights of employees at the bottom of the chain. In spite of the implementation of the EU Posting Directive,¹ foreign employees seconded to the Netherlands do not always receive what they are entitled to. Recent examples are the proceedings before the Court of Groningen against a Turkish building company² and against a Polish installation company,³ and before the Court of Appeal of 's-Hertogenbosch against a Polish temporary employment agency.⁴