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Insurance obligation with van oers

Insurance obligation

If you work in the country where you live, you will generally be covered by the social security system there. Usually you will have at least a broad understanding of that country’s rules for medical insurance and for disability insurance and benefits. The problems arise when you move to the Netherlands to take a job here or what happens if you work abroad?

Insurance obligation with van oers

Insurance in the country you work

In cross-border employment situations within Europe, a series of Regulations (as they are termed) govern where the employee is insured and pays social security contributions. The general principle is that employees are insured in the country where they work. Employees on a temporary foreign posting often remain insured in their country of residence during the initial years. Additional rules for determining the relevant jurisdiction apply if the employee works in multiple countries at the same time. In situations involving employment outside Europe, social security matters depend on the treaties between the countries and on national regulations.

Social Security in the Netherlands

The Netherlands has two main categories for social security. The first is national insurance, for which the insured generally pays his or her own contributions. In employment situations, the contributions are generally withheld and remitted from the employee’s gross wages. The second category is employed persons’ insurance, which is paid by the employer.

National insurance

General Old-Age Pensions Act (Algemene Ouderdomswet, or AOW)

The General Old-Age Pensions Act provides a basic old-age pension upon reaching retirement age. The amount is not linked to the individual’s income: the only factor is the number of years for which the individual was insured under this scheme.

General Surviving Relatives Act (Algemene nabestaandenwet, or Anw)

The General Surviving Relatives Act serves as a catch net or risk insurance that offers temporary benefits for widows, widowers and orphans.

General Long-Term Care Act (Wet langdurige zorg, or Wlz)

The General Long-Term Care Act offers insurance for certain medical costs, particularly those that recur over a protracted period. The AWBZ covers high medical risks that are not covered by the Dutch healthcare insurance system, such as long-term home care or admission to a care home or an institution for disabled care.

Employed persons insurance

Sickness Benefits Act (Ziektewet, or ZW)

By law, Dutch employers are required to continue paying employees who are on sick leave their wages for two years. However, this does not always apply. The Sickness Benefits Act provides insurance for all employees whose employer is not required to continue to pay their wages while on sick leave, for example certain categories of on-call workers/temporary workers without contracts, individuals whose employment contracts end while they are sick and students on work placement.

Unemployment Benefits Act (Werkloosheidswet, or WW)

The Unemployment Benefits Act offers temporary benefits to workers who lose their jobs for reasons that are not attributable to themselves.

Work and Income (Capacity for Work) Act

The WIA provides for a benefit if you haven’t been able to work of have worked less for a period of 2 years due to illness and can therefore earn 65% less of your old wages.

Dutch healthcare insurance

Employed persons who have Dutch medical insurance are required to take out basic healthcare insurance (basisverzekering) with an insurer. The annual premiums depend on the own risk that the insured selects, and generally come to around 1,000 euros per year. On top of this amount, the employer also pays an income-linked contribution. Anyone who fails to take out insurance on time will receive a penalty.

The basic healthcare insurance offers basic cover for medical treatment. Many insurers also offer supplementary cover.

Employees might also be required to pay contributions, or be obliged to arrange insurance, for members of their families who are 18 or older and do not have their own medical insurance.

Benefits: no automatic link to remittance of contributions

Another factor that increases the complexity of the social security regime is that remitting contributions in one country does not always entitle an employee to that country’s benefits. For example, in a European context the unemployment benefits will generally be paid by the country of residence; this is not necessarily the country where the employee paid the contributions. In some situations it is possible to claim benefits in multiple countries. Each country has its own rules for the amounts, the duration and the conditions entitling the recipient to benefits. It is important that you not only understand your obligations, but are also aware of your rights.

INSURANCE OBLIGATION when working abroad WITH VAN OERS

Insurance obligation when working abroad

Withholding obligation for the employer, remittance by the employee

Another matter, besides determining what social security contributions need to be paid, is how to pay them: is the employer obliged to withhold and remit the contributions, or does the employee do this directly? Where does the responsibility lie, and what is the risk if the contributions are not paid correctly?

How much to pay

In the Netherlands, contributions are only levied on the employee’s income up to a certain maximum. Other countries, however, do not always apply this ceiling. In addition, the rates sometimes differ significantly from one country to the next. An obligation to pay social security contributions in another country might therefore have a significant impact on the financial situation, for both the employer and the employer. Knowing what consequences to expect might give you an opportunity to find a solution.

Benefits: not automatically linked to remittance of contributions

Another factor that increases the complexity of the social security regime is that remitting contributions in one country does not always entitle an employee to that country’s benefits. For example, in a European context the unemployment benefits will generally be paid by the country of residence; this is not necessarily the same country as where the employee paid the contributions. In some situations it is possible to claim benefits in multiple countries. Each country has its own rules for the amounts, the duration and the conditions entitling the recipient to benefits. It is important for you not only to understand your obligations, but also to be aware of your rights.

Knowing what to expect: vital for both employer and employee

Make sure that you do not enter into your international adventure until you are properly prepared: otherwise your dream job might end in a nightmare. Knowing what to expect is vital. You need to know what your obligations and your rights are. Map out your income and expenses, and the gross and net amounts. Van Oers and our network can help you with this.

sandra van es
Sandra van Es - van der Mast | Tax director
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