Article 2 of the Foreign Nationals Employment Act (Wet arbeid vreemdelingen, Wav) prohibits an employer from letting a foreign national work in the Netherlands without a work permit (tewerkstellingsvergunning, TWV) or a single permit (gecombineerde vergunning voor verblijf en arbeid, GVVA) for work with that employer. The ban is aimed at the employer, not the worker.
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Who counts as an employer under the Wav?
The definition in article 1 Wav is broad. It covers anyone who has work performed in the course of a business or profession, and private individuals who have household or personal services performed. In hiring-in, subcontracting and agency work, several parties can be employers at the same time. Article 2(2) Wav provides that there is no violation if another employer holds the required permit for the same work.
Who does not need a permit?
EU, EEA and Swiss nationals have free access to the Dutch labour market. Holders of a highly skilled migrant permit or an EU Blue Card do not need a separate TWV for the work covered by their permit. Other exemptions follow from treaties and from the implementing decree (article 3 Wav). Many residence permits state on the document whether work is freely allowed.
How do you obtain a permit?
The employer applies for a TWV to the Employee Insurance Agency (UWV). A GVVA, which combines residence and work for stays over three months, is applied for at the IND, which asks the UWV for advice.
What are the sanctions?
The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) enforces the Wav. It can impose an administrative fine per foreign national, up to the amount of the fifth category under the Criminal Code (article 19d Wav). For repeat violations within five years, the fine increases by 100% or 200%. You can object to a fine decision within six weeks under the General Administrative Law Act (Awb).
Frequently asked questions
Must I check documents of hired-in workers?
Yes. The employer where the work is performed must check the worker’s identity document and keep a copy for at least five years after the end of the calendar year in which the work ended (article 15 Wav).
Related terms
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