News item | 01-07-2025 | 09:00
The government comes with clear rules for employees from outside the EU who come to work in the Netherlands through a work and residence permit from another European country. Minister Van Hijum says in a letter to the House of Representatives that he wants to put an end to shortcuts with posted third -country nationals. The cabinet sees opportunities for people to work in the Netherlands only after, for example, they have worked for three months in the country for which the permit was given.
Minister Van Hijum of Social Affairs and Employment: “We are going to put an end to the revenue model in which employers attract unlawful employees from outside the EU. This leads to unfair competition on employment conditions, defective protection of employees and circumvention of Dutch rules. This approach is expected to come to the Netherlands.”
People from outside the EU are only allowed to work in the EU through a work and residence permit. The Netherlands is very reluctant to do this. However, other countries give a work and residence permit rather and through a shortcut these people will still work in the Netherlands. This can lead to someone with the Belarusian nationality via a Polish or Lithuanian employment agency directly in the Netherlands.
In 2024, at least 27,304 posted third -country nationals came to the Netherlands through a company from another European country. This number is probably higher because not all companies pass this on.
Clearer rules
European rules are unclear about how long someone should work in a country before they can get started in another European country. An exploration shows that Dutch laws and regulations offer some room for clearer rules. The government has a number of rules in mind how they can be clarified. For example, it is worked out how long someone has to work in another country before he or she can work in the Netherlands. The adjustment must be made carefully to continue to comply with all European rules.
In addition, the government also wants Derdelanders to have a work and residence permit in the sending Member State for the type of work they are going to do in the Netherlands. This should prevent, for example, that a Portuguese work permit for healthcare is used by a Cypriot company to make employees work in a Dutch slaughterhouse. That is why it is investigated whether EU rules offer opportunities for this.
In February Minister Van Hijum also asked the European Commission on behalf of seven countries to come up with a clarification of the European rules. The Netherlands is committed to keeping this topic high on the European agenda.
Protection of employees
These employees are extra vulnerable to abuses such as underpayment, poor working conditions and, in the most serious case, even labor exploitation. In the letter, Minister Van Hijum announces that he is committed to the protection of these employees through information and support in seeking legal assistance.
Clearer rules enable employers to better comply with their responsibility. And it gives the Dutch Labor Inspectorate better tools for maintaining the rules.