Work permit for employees

If you run a business in the Netherlands and intend to employ foreign workers on a permanent or temporary basis, or if you run a business outside of the Netherlands and intend to temporarily employ workers in the Netherlands, you sometimes need to apply for a work permit (tewerkstellingsvergunning, TWV) for those workers.

Employing foreign workers on a permanent or temporary basis

If your Netherlands-based company intends to employ a foreign worker, you must first verify his or her nationality on the basis of a valid identity document. This applies to all workers, including trainees and volunteers.

If the worker comes from Romania or Bulgaria or if the worker comes from outside the EEA/Switzerland, you must verify whether he/she is permitted to work in the Netherlands pursuant to the Act on the Employment of Aliens (Wet arbeid vreemdelingen, Wav). This is indicated on his/her identity document. You must then apply for a work permit for this worker from the Public Employment Service (UWV WERKbedrijf).

In addition, when hiring temporary staff through an intermediary or outsourcing work to employees of a different company, you must verify whether a work permit has been issued for workers from Romania or Bulgaria and for workers from outside the EEA/Switzerland. The intermediary or the employer to whom you outsource work is obliged to apply for the necessary permits.

A work permit is not required if the worker comes from an EEA member country or from Switzerland. Besides, exceptions apply to certain groups of scientists, knowledge workers and work placement students active at your business. In addition, faster procedures apply to some employees, including senior management and specialists.

Foreign companies employing staff to work in the Netherlands

If your business is based outside of the Netherlands and you intend to employ workers temporarily in the Netherlands, you must in principle apply for a work permit on their behalf if they come from Bulgaria or Romania or from a country outside the EEA/Switzerland. However, a work permit is not required if:

• your company is based (= has its registered office) in an EEA member country or in Switzerland; and
• your employee will work temporarily in the Netherlands; and
• your employee is permitted to live and work in the country where your company has its registered office.

For this employee you do not require a work permit, but you do have a ‘duty of notification’. This means that you must provide the Public Employment Service (UWV WERKbedrijf) with information in advance about your company, the nature of your services and the identity of your employees. You must provide this information by completing the notification form, which is available for downloading from the website of UWV WERKbedrijf. This rule does not apply to temporary employment agencies, secondment companies or subcontractors.

The duty of notification does not apply if your employee comes from an EEA member country or Switzerland. You also do not need to apply for a work permit for him/her.