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If you have a company that is based in the Netherlands and you are looking for personnel, you are obliged to recruit first of all within the Netherlands, the rest of the EU (except Croatia), the European Economic Area (EEA) and Switzerland. You must first prove you cannot find any suitable employee here, before being allowed to recruit in other countries.
Employees from outside the EU and the EEA usually require a work permit (tewerkstellingsvergunning, TWV) or a combined residence and work permit, known as a 'single permit' (Gecombineerde vergunning voor verblijf en arbeid, GVVA). Employees from Croatia need a work permit (TWV) for the first 12 months. Employees from other EU countries, or from EEA countries or Switzerland do not need a permit.
Acknowledgement as sponsor
If you bring employees from outside the EU, the EEA and Switzerland to the Netherlands for longer than 3 months, you can have yourself recognised as sponsor. For bringing highly skilled migrants or scientific researchers into the country, this acknowledgement is mandatory. If it concerns employees for regular paid work or seasonal employment, acknowledgement is voluntary.
Comparing foreign applicants
If you wish to compare foreign applicants, you could decide to make use of Europass. Europass is a European Commission initiative for improving international mobility with regard to working and studying. It is available in all European languages.
Terms of employment
The terms of employment for foreign employees that work for a European company in the Netherlands are laid down in the Terms of Employment Posted Workers in the EU Act (Wet arbeidsvoorwaarden gedetacheerde werknemers, WagwEU)
Hiring foreign personnel through an intermediary
If you hire personnel from Croatia or from outside the EU and the EEA via an intermediary (e.g. temporary employment agency, contracting firm or subcontractor), you are responsible for ensuring that they have a work permit. The intermediary must request this permit.
Duty to report posted workers
Large foreign companies have a duty to report the number of temporarily posted workers, the duration of their stay and their earnings.
Proof of identity and citizen service number for foreign employees
When you hire foreign employees or employ them through a contractor or subcontractor, you have to check their identity. You must also ensure that your records include a photocopy of their proof of identity, which you must keep for 5 years after the person stops working for you. Foreign employees who are required to pay tax in the Netherlands must have a citizen service number (burgerservicenummer, BSN).
Establishing identity on request
If the Inspectorate SZW (Ministry of Social Affairs and Employment) asks you to establish the identity of one of your employees, you must send them a copy of their identity document within 48 hours.
Language requirement for hazardous tasks
Is a foreign employee working for you on a hazardous task, such as the removal of asbestos or the operation of a crane? In order to ensure that work is carried out safely and accidents are prevented, that person must have an adequate command of the Dutch language. This also applies to temporary foreign employees who conduct hazardous tasks.
Self-employed professionals and freelancers
If you work with self-employed professionals or freelancers from abroad, you must check whether they are permitted to live in the Netherlands and be self-employed. This is stated in their residence permit or passport. You will usually need a work permit for self-employed professionals from Croatia and from outside the EU and the EEA.