When Is a Work Permit Needed in the Netherlands?
An employer in the Netherlands may not let a foreign national from outside the EU, EEA or Switzerland work without either a work permit (tewerkstellingsvergunning, TWV) or a single permit that combines residence and work (gecombineerde vergunning voor verblijf en arbeid, GVVA): Article 2 of the Foreign Nationals Employment Act (Wet arbeid vreemdelingen, Wav). As a rule, the TWV is for work of less than three months or for someone who already has a Dutch residence permit, and the GVVA for work of more than three months. Both are only granted if no suitable candidate is available on the Dutch and EU labour market. Highly skilled migrants and several other groups are exempt.
Dutch work permits at a glance
- The prohibition is addressed to the employer: it may not let a foreign national work without a TWV or GVVA (Article 2 Wav).
- TWV: issued by UWV to the employer, for at most three years; for temporary work by someone not previously admitted, at most 24 weeks (Article 11 Wav).
- GVVA: one permit for residence and work, issued by the IND after advice from UWV; valid for at most three years and tied to the employer.
- Labour market test: refused if suitable candidates with priority are available, if the vacancy was not reported to UWV at least five weeks before the application, or if the employer made insufficient recruitment efforts (Article 8 Wav).
- No permit needed for EU, EEA and Swiss nationals, holders of a residence permit that allows work without restriction, highly skilled migrants with their residence permit, and several other groups.
- Fines: EUR 6,000 per worker for a company, EUR 1,500 to 3,000 for a private individual, higher on repetition.
On this page
Who Needs a Work Permit in the Netherlands?
The obligation lies on the employer. Article 2 of the Foreign Nationals Employment Act (1) prohibits an employer from letting a foreign national work in the Netherlands without a TWV, or without the foreign national holding a single permit for work with that employer.
"Employer" is defined broadly. It covers anyone who has another person perform work in the exercise of an office, profession or business, and a private individual who has someone perform household or personal services (Article 1 Wav). It is therefore not limited to the formal employer under an employment contract: a company that hires in a foreign national through an intermediary is also an employer for this purpose. Where another employer holds a valid TWV for the same work, or the foreign national holds a single permit for work with that other employer, the prohibition does not apply to the second employer (Article 2(2)).
The Act protects the Dutch and EU labour market. It does not apply to nationals of EU and EEA countries and Switzerland, whose right to work follows from the rules on free movement, and it does not apply to several other groups set out below.
Which Permit Is Needed: a TWV or a Single Permit (GVVA)?
According to UWV, a TWV is needed for work in the Netherlands of less than three months, or for a foreign national who already lives in the Netherlands with a residence permit. A single permit (GVVA) is needed for work of more than three months by someone who does not yet have a residence permit.
| Point | Work permit (TWV) | Single permit (GVVA) |
|---|---|---|
| What it is | Permission for the employer to employ a specific foreign national | One permit covering both residence and work |
| Typical use | Work of less than three months, or a foreign national who already has a residence permit | Work of more than three months by someone coming to the Netherlands |
| Who decides | UWV | IND, after advice from UWV on the labour market |
| Who applies | The employer | Usually the employer; the foreign national can also apply |
| Maximum validity | Three years; 24 weeks for temporary work by someone not previously admitted | Three years |
| Change of employer | New TWV for the new employer | New permit, applied for by the new employer |
The IND describes the single permit on its page on the single permit (GVVA); UWV explains when a TWV is needed on its page on work permits. According to the IND, UWV has a statutory period of five weeks for its advice. Both permits state the employer, the wage, the period of validity and the nature and place of the work (Article 7 Wav), so a change in any of these can require a new permit.
What Is the Labour Market Test?
A permit is refused if the vacancy can be filled from the labour market with priority. Article 8 of the Foreign Nationals Employment Act (1) lists the mandatory grounds for refusal, and they apply to both the TWV and the single permit.
- Priority supply: suitable candidates with priority on the labour market (prioriteitgenietend aanbod) are available for the vacancy (point a).
- Five weeks' notice: the vacancy was not reported to UWV at least five weeks before the application (point b).
- Recruitment efforts: the employer cannot show that it made sufficient efforts to fill the vacancy from the priority supply (point c).
- Terms below standard: the terms of employment, labour relations or working conditions are below the statutory level or below what is customary in the sector (point d).
- Residence: the foreign national has no residence permit that allows work and has not applied for one, or residence has been refused or withdrawn (point e).
Article 9 adds discretionary grounds, for example if priority supply is expected to become available within a reasonable time, if no suitable housing is available for the foreign national, or if the employer failed to pay the wage under an earlier permit. The highly skilled migrant route has no labour market test; see highly skilled migrants in the Netherlands.
How Long Is a Dutch Work Permit Valid?
A TWV is granted for at most three years: Article 11 of the Foreign Nationals Employment Act (1). A single permit is also valid for at most three years, according to the IND.
For temporary work by a foreign national who has not previously been admitted, a TWV is granted for at most 24 weeks, and the foreign national may not have held a residence permit for work during the 14 weeks immediately before (Article 11(2)). Regulations can set a shorter maximum for particular kinds of work (Article 11(3)). A permit can be withdrawn if it was obtained with incorrect information, if residence is refused, or if it is not used (Article 12).
After five uninterrupted years with a residence permit for work, a foreign national can receive a residence permit with the annotation that work is permitted without restriction, and from then on no TWV or single permit is needed (Article 4(2)(b)).
Who Does Not Need a Work Permit in the Netherlands?
The prohibition does not apply to foreign nationals for whom a permit may not be required under international agreements, to self-employed persons with a residence permit for that purpose, to groups designated by regulation, and to holders of a residence permit that allows work without restriction (Articles 3 and 4 Wav).
- EU, EEA and Swiss nationals, under the rules on free movement of workers.
- Unrestricted residence permit: a residence permit annotated to show that work is permitted without restriction, for example after five years of residence for work (Article 4).
- Self-employed: a foreign national with a residence permit for self-employed work, as far as that work is concerned (Article 3(1)(b)).
- Designated groups: UWV lists among others highly skilled migrants with their residence permit, asylum seekers who have been granted a residence permit, intra-company transferees and workers posted from another EU or EEA country (Article 3(1)(c) and the implementing regulations).
Whether a particular group is exempt depends on the details, which change more often than the Act itself. Always check the current list on the UWV and IND websites before relying on an exemption.
What Must the Employer Do?
Besides obtaining the permit, the employer must comply with its conditions, pay the wage stated in it, and keep the required identity documentation.
A permit can carry conditions, for example to make recruitment efforts, to conclude the employment contract in writing and provide a copy, or to provide training (Article 10 Wav). Where a foreign national works for another company in practice, the employer must provide that company with a copy of the foreign national's identity document at the start of the work, and the other company must record it (Article 15). Not complying with the conditions of a permit, or not paying the stated wage, can lead to withdrawal of the permit and to refusal of later applications (Articles 9 and 13). The permit is not a substitute for a Dutch employment contract: the employee is entitled to at least the minimum wage and all other Dutch employment rights.
What Are the Fines for Employing Someone Without a Work Permit?
The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) enforces the Act with administrative fines. According to its fining policy, the standard fine is EUR 6,000 per illegally employed worker for a company, adjustable up to EUR 11,250, and EUR 1,500 to 3,000 per worker for a private individual, adjustable up to EUR 5,625.
For a repeat of the same or a similar offence within five years, the fine can be increased by 50, 100 or 200 percent (Article 19d Wav sets the statutory maximum and the increases). The fine applies per worker, so employing several people without permits multiplies it.
Hiring a Non-EU Employee in the Netherlands: A Checklist
- Is the candidate an EU, EEA or Swiss national? Then no permit is needed.
- Does the candidate already hold a residence permit that allows work without restriction?
- Does the candidate qualify as a highly skilled migrant, or for another exempt route?
- If not: will the work last more than three months? Then a single permit (GVVA) via the IND; otherwise, or if the candidate already has a residence permit, a TWV via UWV.
- Has the vacancy been reported to UWV at least five weeks before the application, and can the recruitment efforts be documented?
- Are the wage and conditions at least at the statutory and sector level?
- Is there suitable housing?
- After approval: are the conditions of the permit complied with and the wage paid as stated?
For specific cases, see employing expats in the Netherlands or consult a Dutch employment lawyer.