FREE MOVEMENT OF WORKERS : DUTCH RESTRICTIONS ON POSTING OF WORKERS DEEMED ILLEGAL.

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The European Commission has decided to issue a formal request - in the form of a reasoned opinion - to the Dutch authorities to revise the rules in force concerning the posting on Dutch territory of workers from certain new member states in the framework of the provision of services.

In July 2005, the Commission sent a reasoned opinion to the Netherlands requesting that it remove the requirement of a work permit for the posting of workers from the new member states. The Dutch authorities subsequently amended their legislation, but only partially. Numerous irregularities remain, according to the Commission.

On the one hand, the new system of prior notification discourages service providers from sending staff members from the new member states to the Netherlands. The necessary formalities represent a significant administrative burden and additional delays for the EU businesses concerned.

On the other, the Netherlands continues to require a work permit for other categories of temporary...

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