Asylum seekers are permitted to work in the Netherlands. However, their asylum application must have been pending for at least 6 months. They can only work if their employer has a work permit for the asylum seeker working for them.
The employer must apply for a work permit (Dutch) from the Employee Insurance Agency. There is no limit to the number of weeks per year an asylum seeker is allowed to work.
Work permit
A work permit is a document that proves that an asylum seeker is allowed to work. The UWV issues the work permit to the asylum seeker's employer. This happens when an asylum application has been pending for at least six months. This means that asylum seekers are not allowed to work during the first six months. This also applies to work experience jobs and odd jobs, whether paid or unpaid. When assessing the application, the UWV will take into account whether the employer applying for the work permit will pay a sufficient wage. The Netherlands Labour Authority then checks whether the Minimum Wage and Minimum Holiday Allowance Act is being complied with. Asylum seekers are entitled to the same remuneration as other employees in the Netherlands. If their asylum application is rejected, asylum seekers are no longer allowed to work in the Netherlands.
When inspectors check whether employers comply with the Foreign Nationals (Employment) Act, they check the validity of permits, identity documents and other documents. They also talk to persons involved. If the Foreign Nationals (Employment) Act is violated, the inspector of the Labour Authority will issue a warning or a fine report to the employer after completing the investigation. This fine report is sent to the fines officer of the Fine, Penalty and Collection Division of the Netherlands Labour Authority. This division will assess the fine report.
If it turns out that the employer cannot be blamed for the violation, no fine will be imposed. This may be the case if, for example, the employer did have a valid work permit and could not have known that the asylum application of the asylum seeker employed had been rejected, as a result of which he was no longer allowed to work.
Asylum seekers holding a residence permit
If an asylum seeker is granted a temporary asylum residence permit by the Immigration and Naturalisation Service (IND), they will, as residence permit holders, have the same rights and obligations as Dutch citizens. They may seek employment or become self-employed, or choose to start their own business.
If the residence permit expires, the residence permit holder must apply for an extension from the IND in good time. The IND will then send the residence permit holder a letter stating that they may continue to reside and work in the Netherlands legally while their application is being processed. No work permit will be required in that case.
The residence permit holder must also apply to the IND for a type W Foreign Nationals Identity Document. The employer must keep a copy of this identity document in their records.