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Do you have British employees working for you in the Netherlands?
If so, extra formalities apply because of Brexit!
Below is a brief description of the main rules that apply in the Netherlands for employing British employees.
Did the employee already live in the Netherlands before 1 January 2021 and was the employee registered in the Dutch register office (Basisregister Personen) of a municipality in the Netherlands?
In that case, the employee can continue to live and work in the Netherlands, but must have a residence permit. An employee who is not yet in the possession of a residence permit should apply for one with the IND (Immigration and Naturalisation Service) before 1 October 2021. This also applies to family members of the employee.
Will the employee start working in the Netherlands after 1 January 2021?
In that case, the employer must apply for a work permit.
There are two options:
- If the work is to last less than 3 months, a work permit must be applied for from the UWV (Uitvoeringsinstituut Werknemersverzekeringen – Employee Insurance Agency)
- If the work lasts longer than 3 months, a combined residence and work permit (GVVA) must be requested from the IND (Immigratie- en Naturalisatiedienst – Immigration and Naturalisation Service).
Are there exceptions?
There are various exceptions to the obligation to apply for a work permit, which can be found on the following website (no English version available):
Some of the exceptions:
- Employees who have the following annotation in their residence permit or on a sticker in their passport: “work is freely permitted”. This permission is often valid for a specific period of time.
- Employees who live abroad and occasionally work in the Netherlands, such as employees who come over for business meetings or to install software (except in the case of structural work performed successively by different foreign employees).
- Employers in the international business community who temporarily allow foreign employees to work in the Netherlands through the International Trade Regulation, on condition
that the work is temporary and cannot be done by Dutch employees (e.g. employees who receive training in the Netherlands in working with new machines or who provide training abroad to (employees of) a customer).
What can you do to avoid problems or fines?
Always seek professional advice in advance on whether or not a permit or other formality applies in your specific situation. After all, the regulations are fairly new. It may be the case that although no permit is required, a posting notification should be submitted to the Dutch desk set up for this purpose:
- Click here for more information on the Dutch WagwEU Act and secondment to the Netherlands (the WagwEU is the Dutch Posting of Workers in the European Union Act based on the European Posting of Workers Directive).
Official information about the residence and work permits for British employees in the Netherlands can be found on the following websites, in Dutch and English:
- www.rijksoverheid.nl/onderwerpen/brexit/vraag-en-antwoord/heb-ik-na-de-brexit-een-werkvergunning-nodig-om-als-brit-in-nederland-te-mogen-werken (in Dutch)
- www.government.nl/topics/brexit/question-and-answer/as-a-british-national-do-i-need-a-work-permit-to-work-in-the-netherlands-after-brexit (in English)
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Related topics
- Publication date: 07/07/2021
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