Labor matters

Do I need a work permit?

If you wish to employ someone from outside the European Economic Area (EEA) and Switzerland, you often need a work permit. For a short stay, this is an employment permit (TWV); for a longer stay, it is the combined permit...

Published on July 12, 2022 by MKBjuristen.nl
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If you wish to employ someone from outside the European Economic Area (EEA) and Switzerland, you often need a work permit. For short stays, this is a work permit (TWV); for longer stays, it is the Combined Residence and Work Permit (GVVA). No permit is required for EU/EEA citizens.

What is a work permit?

An employment permit (TWV) is a work permit that demonstrates that an employee is allowed to work for you. The employer applies for the TWV at the UWV. The permit is granted subject to conditions, including when no suitable worker from the Netherlands or the EEA is available (the labor market test).

TWV or GVVA?

Which permit you need depends primarily on the duration of the stay. For residence and work shorter than a certain period, the TWV generally applies. If the employee intends to stay and work in the Netherlands for a longer period, they usually require a Combined Residence and Work Permit (GVVA), which covers residence and work in a single permit.

Who does not need a permit?

Employees with the nationality of an EU or EEA country or of Switzerland may work in the Netherlands without a work permit. For them, the usual labor law rules suffice. The permit requirement therefore applies primarily to employees from outside that area.

Pay attention to your obligations

If you hire someone without the required permit, you risk substantial fines. Therefore, check their nationality and residence and work status in advance, and ensure that the correct permit has been applied for before the employee starts. (The exact rules and deadlines may change; check the current requirements.)

Frequently Asked Questions

Do I need a work permit for a foreign employee?

For employees from outside the EEA and Switzerland, often yes: a TWV (short-stay) or GVVA (long-stay). Not for EU/EEA citizens.

Who applies for the permit?

As an employer, you apply for the work permit at the UWV. For a GVVA, the application goes through the residence procedure.

What if I let someone work without a permit?

Otherwise, you risk substantial fines. Check the status in advance and ensure the correct permit is in place before the employee starts.

Hiring a foreign worker?

Our legal experts advise on work permits and draft your employment contract . View our employment lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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