An employer usually needs a work permit (tewerkstellingsvergunning) for workers without EEA nationality* commonly referred to as foreign nationals. A request can be made to the Central Organisation for Work and Income (Centrale organisatie Werk en Inkomen, CWI).
Workers who have a residence permit for their stay in the Netherlands still require a work permit. An exception is a residence permit stating free access to the labour market. In this case a work permit is not required. A work permit allows an employer to employ a worker from outside the EEA within the duration of the permit’s validity.
* The EEA (European Economic Area) comprises the countries of the European Union together with Iceland, Liechtenstein and Norway.
The following member states of the European Union (EU) do not require a work permit: Belgium, Denmark, Germany, Finland, France, Greece, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal, Spain, United Kingdom and Sweden. Swiss citizens do not require a work permit either.
On 1 May 2004, the following countries joined the European Union: Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovenia, Slovakia and the Czech Republic. Except for Cyprus and Malta free movement of workers does not yet apply to these countries and workers from these countries still require a work permit.
On 2 June 2006, conditions for work permit applications were eased in a number of sectors. An employer does not have to recruit a candidate from one of the EEA countries, with the exception of the countries listed above under member states. Vacancies do not have to be reported to the Central Organisation for Work and Income. Thus a labour market test does not take place. The salary offered will be checked to ensure fairness and housing provided needs to be satisfactory. The sectors to which the above applies are listed on the Ministry of Social Affairs and Employment (Ministerie van Sociale Zaken en Werkgelegenheid) website: www.minszw.nl
A work permit will be issued provided the following conditions are met:
recruitment efforts failed to produce a suitable candidate for the vacancy who holds EEA nationality.
no candidates are available for the position who hold EEA nationality. This is known as the labour market test.
the vacancy must be reported to the CWI five weeks before the application is submitted.
a salary in line with a collective labour agreement or market terms must be offered.
housing must be satisfactory.
The work permit is free of charge.
The employer can apply for a work permit at CWI Juridische Zaken, Bureau Tewerkstellingsvergunningen. Refer below for address details. More information about the procedure is available on the CWI website. The statutory time to process an application is five weeks. Two copies of the work permit are sent to the employer. One of these copies is intended for the foreign national.
Some of the details stated on the permit are:
name and place of business of the employer
personal details of the foreign national
duration of the permit’s validity
description of the job and the place where the foreign national will carry out the work.
Centrale organisatie Werk en Inkomen (CWI), Bureau Juridische zaken
Postal address
Postbus 884 2700 AW Zoetermeer
Telephone:+31 (0)79 750 2903
Fax: +31 (0)79 750 2988
If you require further information, call the city information number 14 020 (Monday to Friday, 8:00 to 18:00).