Society is growing ever more international in character. This is evident in the labour market too. Employers are increasingly keen to employ foreign employees – or, to use the term in the applicable regulations: foreign nationals. The rules determining when employers are permitted to employ foreign nationals are laid down chiefly in the Foreign Nationals (Employment) Act (Wet arbeid vreemdelingen). Broadly speaking, this Act gives employers the freedom to hire foreign nationals from within the EU, but requires them to obtain a special work permit for non-EU nationals (known as a tewerkstellingsvergunning, or TWV).
In some exceptional cases employees from outside the EU may be exempted from needing a TWV. Examples include foreign nationals who hold one of a number of types of residence permits that also provide full freedom to work in the Netherlands, and those who perform certain special categories of work. Employers who hire foreign nationals to work without a TWV in situations where a TWV is mandatory can find themselves facing hefty administrative penalties. Crucially, the Act applies a broad interpretation of employership, under which a person may well be considered an employer even if they would not be under Dutch labour law. If certain activities are outsourced, the party awarding the contract may also be regarded as an employer within the meaning of the Act, and therefore equally subject to a penalty as an employer under labour law.

Our lawyers have specialised knowledge of the Foreign Nationals (Employment) Act and can provide advice and guidance on the legal aspects of employing foreign nationals and in the permit application process. We can also assist you if you have been confronted with measures (penalties) for a violation of this Act.