Dutch Legislation

Foreign Nationals Employment Act (WAV)

in force

Work permits for foreign workers

Employment law · Wet arbeid vreemdelingen · BWBR0007149 · Articles: 52

1 Article 1

In this Act and the provisions based thereon, the following definitions shall apply:

2 Article 2

It is prohibited for an employer to have an alien perform work in the Netherlands without a work permit or without an alien being in possession of a…

2a Article 2a

An employer who permits a foreign national to perform work in the Netherlands, in respect of whom the prohibition referred to in Article 2 does not…

3 Article 3

The prohibition referred to in Article 2, paragraph 1, shall not apply with respect to:

4 Article 4

The prohibition referred to in Article 2, paragraph 1, is likewise not applicable with respect to a foreign national who holds a residence permit…

5 Article 5

Our Minister is authorised to issue and revoke work permits.

5a Article 5a

By administrative order, it may be determined that for certain categories of work or, if an obligation under international law exists, for certain…

6 Article 6

A work permit (tewerkstellingsvergunning) shall be applied for by the employer.

7 Article 7

The work permit (tewerkstellingsvergunning) and the supplementary document as part of the combined permit shall state the name and place of…

8 Article 8

Our Minister refuses a work permit or Our Minister of Security and Justice refuses a combined permit:

9 Article 9

Our Minister may refuse a work permit or Our Minister of Security and Justice may refuse a combined permit:

10 Article 10

Our Minister may attach conditions to a work permit, or Our Minister of Security and Justice may attach conditions to a combined permit, which are…

11 Article 11

A work permit shall be granted for a maximum of three years.

11a Article 11a

The wage, referred to in Article 7, shall be credited by the employer over a period of no more than one month to a bank account, intended for…

12 Article 12

Our Minister may withdraw a work permit or Our Minister of Security and Justice may withdraw a combined permit:

12a Article 12a

Our Minister may withdraw a employment permit or Our Minister of Security and Justice may withdraw a combined permit if:

12b Article 12b

Our Minister may furthermore revoke a work permit, or Our Minister of Security and Justice may furthermore revoke a combined permit, if the employer…

13 Article 13

Without prejudice to Articles 12, paragraph 1, 12a and 12b, and without prejudice to Article 19 of the Aliens Act 2000 (Vreemdelingenwet 2000), Our…

14 Article 14

The officials designated by decree of Our Minister are charged with the supervision of compliance with the provisions of or pursuant to this Act.

15 Article 15

If the employer has work performed by a foreign national, whereby that work is in fact performed for another employer, the first-mentioned employer…

15a Article 15a

The employer is obliged, within 48 hours after a demand to that effect from the supervisor, to establish the identity of a person in respect of whom…

16 Article 16

The supervisory authority is authorised to make use of the citizen service number (burgerservicenummer) when processing personal data.

17 Article 17

The supervisor is authorised, carrying the necessary equipment, to enter a dwelling without the consent of the occupant if there is a reasonable…

17a Article 17a

The supervisor is at all times authorised to seize objects susceptible thereto. He may, to that end, demand the surrender thereof against a written…

17b Article 17b

An official designated for that purpose by Our Minister, falling under his authority, may, after a violation of a provision or prohibition under or…

17d Article 17d

A decision pursuant to this Act by an official as referred to in Articles 17b, paragraph 1, and 19g, paragraph 1, shall be taken on behalf of Our…

18 Article 18

The failure to comply with Article 2, paragraph 1, Articles 15, 15a, and the provisions set forth by or pursuant to Article 2a, shall be classified…

18a Article 18a repealed
18b Article 18b

Without prejudice to Article 5:48, paragraph 2, of the General Administrative Law Act (Algemene wet bestuursrecht), the report shall in any event…

19 Article 19 repealed
19a Article 19a

An official designated for that purpose by Our Minister, falling under his authority, shall impose on his behalf the administrative fine upon the…

19b Article 19b repealed
19c Article 19c repealed
19d Article 19d

The administrative fine that may be imposed for an offence shall not exceed the amount of the fifth category, as referred to in Article 23, paragraph…

19e Article 19e repealed
19f Article 19f

If an administrative fine has been wrongly imposed, it shall be refunded to the entitled party within six weeks after it has been established that…

19g Article 19g

The supervisor or the officials designated by Our Minister, as referred to in Article 19a, paragraph 1, shall make public the fact that an…

19h Article 19h repealed
19i Article 19i repealed
19j Article 19j repealed
20 Article 20 repealed
21 Article 21 repealed
22 Article 22

Our Minister shall lay down further rules to promote the proper implementation of this Act.

22a Article 22a

The draft for a ministerial regulation to be established pursuant to Articles 5, paragraph 4, and 22 shall, insofar as it relates to the amendment of…

23 Article 23

The employer is obliged to pay the foreign national who has performed work his wage as referred to in Article 2, point (j), of Directive 2009/52/EC…

24 Article 24

The articles of this Act shall only apply to foreign nationals who derive rights from the Additional Protocol to the Agreement establishing an…

28 Article 28

The Foreign Workers Employment Act (Wet arbeid buitenlandse werknemers) is repealed.

29 Article 29

This Act shall enter into force at a time to be determined by Royal Decree.

30 Article 30

This Act shall be cited as: Foreign Nationals Employment Act (Wet arbeid vreemdelingen).