Key Benefits:
Act of 21 December 1994, laying down the Law on Foreigners
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down new rules on the employment of foreign nationals;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. Employer:
1. the person who, in the performance of a post, profession or business, is engaged in another work;
2 °. the natural person who makes other household or personal services;
c. Stranger: what is meant by the Aliens Act 2000 ;
d. foreigner not previously admitted: a foreigner who has not previously had a permit to stay for work, or a foreigner who, after having such a licence, is a foreigner has either established a main residence outside the Netherlands or continued outside the Netherlands;
e. employment permit: an authorization for an employer granted by our Minister on the basis of Article 5, first paragraph , for the benefit of a foreigner who has or has applied for lawful residence, other than on the basis of a residence permit, for some time as referred to in Article 14 of the Aliens Act 2000 which has been granted under the restriction of 'paid employment' or 'working-age training';
f. Employee Insurance Implementing Institute: The Employee Insurance Implementation Institute, referred to in Chapter 5 of the Act implementing organisation of work and income ;
g. prioritising offer: offer from the side of Dutch and foreign nationals as intended in the Article 3, first paragraph, point (a) , and 4, first paragraph ;
h. Combined permit: residence permit or residence for a specified period of time as intended Article 14 of the Aliens Act 2000 , granted by our Minister of Security and Justice under the restriction of 'paid employment' or 'learning work', which is also a permit for the performance of work with a specific employer, with the supplementary document;
i. supplementary document: document containing the additional information referred to in the second subparagraph of Article 6 (2) of the Directive 2011 /98/EU of the European Parliament and of the Council of 13 December 2011 on a single text application procedure for a combined licence for third-country nationals to reside and work in the territory of a Member State, as well as on a common set of rights for third-country workers legally residing in a Member State of the European Union Member State (PbEU 2011, L343);
j. supervisor: the supervisor, referred to in the General administrative law , and designated as such on the basis of Article 14, first paragraph .
1 It is an employer forbidden to have a foreigner in the Netherlands work without an employment permit or without a foreigner being in possession of a combined licence for work with that employer.
2 The prohibition provided for in paragraph 1 shall not apply in respect of a foreigner to whom another person is acting as an employer, if that person has one for the employment in question. employment permit or if that foreigner has a combined licence for work with that employer.
1 An employer who allows a foreign worker to perform work in the Netherlands, in respect of which the prohibition is intended to Article 2 , where this is not the case, it shall be obliged to notify in writing at least two working days before the start of work on a body to be designated by ministerial order, on presentation of a certificate and supporting documents.
2 The obligation referred to in paragraph 1 shall not apply if the employer has an obligation to notify the provisions of a general measure of management already under way of a general measure of management.
3 Under ministerial arrangements, rules may be laid down concerning the model of the declaration and the supporting documents to be submitted, as referred to in paragraph 1.
1 The prohibition, intended to Article 2, first paragraph , does not apply in respect of:
a. An alien in respect of whom, pursuant to provisions laid down by agreement with other powers, or by a decision of an international law governing the Netherlands, an employment permit or a combined contract permit not to be required;
b. a foreigner who holds a residence permit for certain time as intended in Article 14 of the Aliens Act 2000 for the purpose of performing employment as a self-employed person, to the extent that this foreigner is self-employed;
a foreigner belonging to a category designated by or under a general measure of management or who carries out a category of work designated by it or under a general rule of management.
2 Of the provisions referred to in the first paragraph, A Our Minister's announcement is made in the Official Gazette.
1 The prohibition, intended to Article 2, first paragraph , nor does it apply to a foreigner who has a given person under the Aliens Act 2000 issued a residence permit, which is endorsed by our Minister for Security and Justice showing that they are not subject to any restrictions on the provision of employment.
2 A such endorsement shall be issued to a foreigner:
a. who lawfully resides in the Netherlands within the meaning of Article 8 (b) or (d) of the Aliens Act 2000 ;
(b) who has, for an uninterrupted period of five years, a residence permit valid for the provision of employment for a specified period of time, as referred to in Article 14 of the Aliens Act 2000 and who has subsequently not established his main residence outside the Netherlands; or
c. belonging to a category designated by a general measure of management.
1 Our Minister is empowered to issue and revoke employment permits.
2 Our Minister points to an authority advising our Minister of Security and Justice on the granting, renewal or revocation of a combined permit.
3 The opinion referred to in paragraph 2 shall be delivered within five weeks of the receipt of the request for an opinion.
4 In the case of ministerial arrangements, detailed rules may be laid down regarding the advice referred to in the second paragraph.
5 The employer shall, at the request of the designated authority referred to in paragraph 2, provide free of charge all information and information necessary for the purpose of delivering the opinion referred to in that paragraph.
6 Our Minister may delegate the powers referred to in paragraph 1 to the Employee Insurance Implementation Institute.
A general measure of management may provide that certain categories of activity or, where there is an obligation of international law, certain categories of foreign nationals, may limit to the number of persons concerned. employment permits or combined licences shall be established.
1 An employment permit is requested by the employer.
2 On an application, it shall be decided within five weeks of receipt.
1 The employment permit and the supplementary document as part of the combined licence shall indicate the name and place of establishment of the employer and other identifying information of the employer, the salary of the foreigner, the personal data of the alien, the period of validity of the employment permit or the combined permit, as well as a description of the nature and place of the work to be performed by the foreigner.
2 In the case of a ministerial arrangement, detailed rules may be laid down regarding the identifying information referred to in the first paragraph.
1 Our Minister refuses to grant an employment permit or Our Minister of Security and Justice refuses a combined permit:
a. Where there is a priority offer on the labour market for the job in question;
b. if it is a place of work whose availability has not been reported to the Implementing Institute for Workers ' Insurance for at least five weeks prior to the application;
(c) if the employer is unable to demonstrate sufficient efforts to carry out the job by means of a priority offer on the labour market:
(d) where the place of work to be carried out is less than the level of employment, employment or working conditions required by law or is customary in the industry in question;
e. if it concerns a foreigner:
1. which does not have a residence permit valid for the performance of the work, or has applied for such authorization, or, in so far as it requires such authorization, has been granted temporary stay authorisation. requested, or
2 °. to whom a residence permit has been refused or whose residence permit has been withdrawn;
f. in the case of a foreigner, who does not earn at least an amount equal to the minimum wage for a period of one month, intended in Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances ;
g. in the case of a place of work belonging to a category of activity designated by a general measure of management, of which it is not in the Netherlands interest to have it carried out by aliens; or
(h) where it is a category of work or of foreign nationals for which it is Article 5a a limit to the number of employment permits or combined permits to be granted has been set which has been reached.
2 Under the conditions to be set by or under general rule, the first paragraph, points (a), (b), (c), (f) and (h) shall not apply to the alien who has not been denied access to the Netherlands and by whom or for the benefit of whom asylum application has been submitted by our Minister of State for Security and Justice and is not in possession of a note to the effect that the application has been made Article 4, first paragraph , of the Act, and who may, having regard to the improvement of the quality of the stay of that foreigner, may carry out work.
3 Cases to be determined by Our Minister may:
a derogation from the first paragraph, point (b);
b. derogate from paragraph 1 (a), (b), (c) and (f) for the promotion of international trade contacts or in the exercise of a spiritual, religious or philosophical function;
c. In the framework of training, training, voluntary service, international exchange and other international cultural contacts as well as for the benefit of aliens who have a residence permit for the provision of employment, deviate from paragraph 1 (a), (b), (c), (d) and (f); or
By way of derogation from the first paragraph, point (b), a shorter period than five weeks shall apply if the Implementing Institute has determined that workers ' rights for the purpose of change from that period of time do not exist for the place of work in question; is present on the labour market in a priori-enjoying way.
4 The nomination for a general measure of directors to be adopted under the second paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.
1 Our Minister may refuse an employment permit or Our Minister of Security and Justice may refuse a combined permit:
a. If it is foreseeable that, within a reasonable period of time, priority supply on the labour market will be available to the workplace in question;
b. if it concerns a foreigner not previously authorised, whose age does not fall within age limits laid down by ministerial arrangement;
c. as a result of failure to comply with a restriction under which an earlier authorisation has been granted or a failure to comply with a requirement of that requirement;
d. if there is no adequate accommodation available to the foreigner;
e. where the recruitment has not taken place in a manner agreed for the relevant sector in a memorandum of understanding which complies with requirements laid down by ministerial arrangement;
f. where the employer has otherwise put up obstacles which prevent the place of work from being fulfilled in accordance with or under the terms of this Act as provided for in the labour market;
g. if the employer is not a recognised referent as intended in Article 1, part t, of the Aliens Act 2000 because his recognition has been withdrawn or suspended or because his application for recognition has been rejected;
h. if the employer is a referent as intended in Article 1, part s, of the Aliens Act 2000 or a recognised referent as referred to in Article 1, part t, of that law and him on the basis of Article 55a of that Act has been subject to an administrative fine within a period of five years immediately preceding the application for an employment permit or a combined licence, or if he has been punished in that period on the basis of Article 108 of that Act ;
If, within a period of five years, the employer has been subject to the application for an employment permit or a combined licence, the employer has been subject to an administrative fine on the basis of:
3 °. Article 18b of the Law, minimum wage and minimum holiday allowances ;
4 °. Article 18 Foreigners Act; or
5 °. Article 16 of the Law allocus labour force by intermediaries ;
j. if, within a period of five years, the employer has been penalised immediately prior to the application for an employment permit or a combined permit on the basis of:
2 In the ministerial arrangement referred to in paragraph 1 (e), in relation to the requirements to be fulfilled by the Memoranda of Understanding, provision shall be made in each case to the Implementing Institute for the insurance of workers:
a. Contracting Party is at the convenor;
b. Our Minister of Social Affairs and Employment is informed of the intention to establish a memorandum of understanding;
c. the convenor publishes in the Official Journal after it has been established.
Our Minister may attach regulations to an employment permit or Our Minister of Security and Justice may attach regulations to a combined permit, which shall aim to:
a. that the employer is making efforts to make jobs available by prioritising the labour market in a prioritising way;
(b) that the undertaking shall abolish in the undertaking working conditions, employment conditions or working conditions for the performance of jobs due to a priority offer of supply;
(c) that the contract is entered into in writing in writing and that a copy thereof shall be made available to the authorising authority;
d. that the employer, either in whole or in part through training or training, provides for the future of an offer of employment suitable for his work organization.
1 An employment permit shall be granted for a maximum period of one year.
2 In the case of temporary work, an employment permit shall be granted for a maximum period of four and twenty weeks if the work in question is carried out by an unauthorised foreigner. This foreigner may, for a period of fourteen weeks immediately preceding the employment permit, not have a residence permit valid for the provision of employment for a specified period of time, as referred to in Article 3 (1). Article 14 of the Aliens Act 2000 has its own.
3 By way of derogation from the first paragraph, an employment permit shall be granted with the application of Article 8, third paragraph, points (b) and (c) , granted for a maximum of three years.
1 Our Minister may revoke an employment permit or Our Minister of Security and Justice may revoke a combined permit:
(a) if the information given for the purpose of obtaining the information has been found to have been inaccurate or incomplete, that the application would have taken a different decision as if the appropriate conditions had been fully known to the applicant;
b. if it has been found that the foreigner has been refused residence in the Netherlands;
c. if no use is made of the employment permit.
2 Our Minister, after consulting our Minister of Justice, may, in relation to a foreigner as intended in Article 8 (h) of the Aliens Act 2000 deviate from the first paragraph (b).
Our Minister may withdraw an employment permit or Our Minister of Security and Justice may revoke a combined permit if:
a. if the employer is not a recognised referent as intended in Article 1, part t, of the Aliens Act 2000 because his recognition has been withdrawn or suspended or because his application for recognition has been rejected, or
b. if the employer is a referent as intended in Article 1, part s, of the Aliens Act 2000 or a recognised referent as referred to in Article 1, part t, of that law and him on the basis of Article 55a of that Act has been subject to an administrative fine within a period of five years immediately preceding the application for an employment permit or a combined licence, or if he has been punished in that period on the basis of Article 108 of that Act ;
(c) subject to a combined licence, also subject to the conditions of Article 19 of the Aliens Act 2000 'revocation grounds for a residence permit' shall be applied for a specified period of time as referred to in Article 14 of the Aliens Act 2000 .
Our Minister may also revoke an employment permit or Our Minister for Security and Justice may also revoke a combined permit if the employer is within a period of five years prior to the time at which the Authorisation shall be withdrawn:
a. An administrative penalty has been imposed on the following:
3 °. Article 18b of the Law, minimum wage and minimum holiday allowances ;
4 °. Article 18 Foreigners Act; or
5 °. Article 16 of the Law allocus labour force by intermediaries ;
b. Penalised on the basis of:
Without prejudice to Articles 12, 1st paragraph , 12a and 12b , and without prejudice to Article 19 of the Aliens Act 2000 Our Minister may only withdraw an employment permit or our Minister of Security and Justice may withdraw a combined permit only as a result of:
(a) failure to respect a restriction under which the employment permit has been granted; or
(b) failure to comply with a requirement attached to the employment permit.
1 With the supervision of compliance with or under this law, the officials appointed by the decision of Our Minister shall be responsible.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
1 If the employer, by a foreigner, has been employed by a foreign worker, where such work is actually carried out by another employer, the former employer shall, at the beginning of the work by the foreigner, ensure that the other person is responsible for the other employer is a copy of the document, Article 1 (1), first paragraph, below 1 ° to 3 °, of the Identification Light Act -From the stranger.
2 The employer who receives the copy of the document referred to in paragraph 1 shall determine the identity of the alien on the basis of the said document and shall record the copy of the document in the records.
3 The obligation, referred to in paragraph 1, to provide a copy of the document shall not apply to the other employer if the alien who is a national of a Member State of the European Union or the European Economic Community is not Space, or Switzerland, unless, as regards the alien, Articles 1 to 5 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union (PbEU) 2011, L 141) are not applicable.
4 The employer, referred to in paragraph 2, shall keep the copy until at least five years after the end of the calendar year in which the work of the foreigner has ended.
5 The foreigner shall provide a document relating to him as referred to in Article 1 (1), first paragraph, below 1 ° to 3 °, of the Identification Light Act to the employer, who shall receive the copy of the document referred to in the first paragraph, and shall give the employer the opportunity to make a copy of this document.
The employer is obliged to establish, within 48 hours of a request by the supervisor for that purpose, the identity of a person who, on the basis of the facts and circumstances of the case, is suspected of having worked for him or has performed, on the basis of a document referred to in Article 1 (1), first paragraph, below 1 ° to 3 °, of the Identification Light Act and inform the supervisor by providing a copy of this document.
1 The supervisor shall be empowered to make use of the civil service number when processing personal data.
2 Management bodies shall be empowered, on their own initiative, to provide, on request, to the supervisor, free of charge, any information or information necessary for the supervision of compliance with or pursuant to this Law. Administrative bodies may use the civil service number in so far as they are entitled to do so.
3 The supervisor shall provide other governing bodies free of charge information to be required to carry out their task. The last sentence of the second paragraph shall apply mutatis mutandis.
4 The data provided for in paragraphs 2 and 3 shall not be carried out if the personal life of the person concerned is thereby disproportionately damaged.
5 In the case of a general measure of management, rules may be laid down on cases where and the manner in which data is to be provided.
For the purposes of applying this Article, the institutions and competent bodies of schools and institutions financed from public funds shall be used to set up the institutions of the institutions and the competent authorities of the public purse as the institution of administrative bodies.
The supervisory authority shall be empowered to enter a dwelling without the consent of the occupant, with a view to taking the necessary equipment, if there is a reasonable suspicion of a breach as referred to in Article 4 (1). Article 18 .
The supervisory authority shall at all times be competent to confiscate such items. He may, for that purpose, claim extradition against any written evidence issued by him. As soon as the importance of investigation of the infringement so permits, the property seized shall be returned to the person to whom it has been seized.
1 An official appointed by our Minister to that effect may, after an infringement of a provision or a prohibition on or under this law has been established that administrated administrated administra, be a written letter to the employer. warning that in the event of a repetition of the offence or of a subsequent infringement of the same statutory obligation or prohibition or in accordance with or pursuant to general administrative action, similar provisions should be adopted obligations or prohibitions, may be required by him to be a warrant designated by him work for a period not exceeding three months shall be suspended or not to be caught.
2 If a warning as referred to in paragraph 1 has been issued and a repeat of the offence or a subsequent offence referred to in paragraph 1 has been established, the official referred to in paragraph 1 may by decision be made available to the employer by decision An order referred to in paragraph 1 shall be imposed on the date of the day of the decision. This Decision shall not be issued for as long as the first infringement, referred to in paragraph 1, has not yet been imposed on an administrative penalty.
3 The determination of the infringement, referred to in the first or second paragraph, shall be recorded in a boo report.
4 The warning referred to in paragraph 1 shall be cancelled if five years have elapsed after the day drawing of the alert. Art. 5:34, 2nd paragraph, of the General Law governing law shall apply mutatis mutandis.
5 The official referred to in paragraph 1 shall be empowered to take the necessary measures, to take the necessary measures and to give the necessary instructions, and to give the necessary measures, including the imposition of a charge under the control of a charge. the strong arm to call.
6 Each person in this regard is obliged to behave in accordance with an order referred to in paragraph 2 and a measure or designation as referred to in the Fifth paragraph.
7 In the case of, or under general management, detailed rules shall be laid down regarding the first and second members.
A decision pursuant to this law of an official as intended in the articles 17b, first paragraph , and 19g, 1st Member , is taken on behalf of our minister.
Non-compliance shall be considered to be non-compliance with the Article 2, first paragraph , 15 , 15a and certain at or under Article 2a .
1 Without prejudice Article 5:48, 2nd paragraph, of the General Law governing the administrative law indicate the report in any case:
a. Person or persons involved in the offence;
(b) the official number under which the means of transport concerned has been registered, in so far as the offence is of interest.
2 The report is sent to the Article 19a, first paragraph He's a designated official.
1 An official appointed by our Minister to that effect shall pay the administrative penalty on his behalf to the person to whom the obligations arising under this Law are laid down, in so far as their non-compliance has been identified as a violation.
2 The offences set out in this Act shall apply in relation to any person, with or in respect of whom an offence has been committed.
1 The administrative penalty which may be imposed for an infringement shall not exceed the amount of the fifth category referred to in Article 4 (1). Article 23 (4) of the Code of Criminal Law .
2 Without prejudice to the first paragraph, the Article 19a, first paragraph -designated official the administrative penalty to be imposed of 100% of the amount of the penalty determined on the basis of paragraph 6, if, within a period of five years preceding the date of the determination of the offence, an earlier violation, consisting of failure to comply with the same legal obligation or prohibition or failure to comply with similar obligations and prohibitions pursuant to or pursuant to a general measure of management, has been established and the administrative penalty for the earlier offence has become irretrievable.
3 The increase in the administrative penalty, referred to in paragraph 2, shall be 200 percent if both the violation and earlier offense, referred to in that paragraph, are assigned to or under general management measure as severe violations.
4 Without prejudice to paragraph 1, the following shall increase the Article 19a, first paragraph -designated official, the administrative penalty to be imposed of 200% of the amount of the penalty, determined on the basis of paragraph 6, if, within a period of five years preceding the date of detection of the offence, two previous times violation, consisting of failure to comply with the same legal obligation or prohibition or failure to comply with similar obligations and prohibitions pursuant to or pursuant to a general measure of management, has been established and the administrative fines for the earlier offences have become irretrievable.
5 By way of derogation from the second and fourth paragraphs, the five-year period in those paragraphs shall be 10 years if the irrevocable penalties provided for in those paragraphs have been imposed for serious infringements designated by or on the basis of a general measure of management.
6 Our Minister lays down policy rules laying down the penalty amounts for the offences. Article 5:53 of the General Administrative Law Act shall apply if an article has not been complied with or pursuant to this law which allows for the imposition of a administrative fine.
7 By way of derogation from Article 8:69 of the General Law governing the administrative law the court may, on appeal or appeal, also amend the amount of the administrative fine to the detriment of the person concerned.
If an administrative fine has been unduly imposed, it shall be reimbursed to the recipient within six weeks of the finding of the wrongful imposition of the administrative fine.
1 The supervisor or the officials appointed by our Minister, intended to Article 19a, first paragraph , make the fact that an administrative penalty has been imposed for violation of this law as intended Article 18 , that a decision has been taken as intended Article 17b, second paragraph , or that no infringement has been identified after a completed investigation in order to promote compliance with this Act and to understand the conduct of supervision under this Act.
2 The disclosure referred to in paragraph 1 shall be published: Article 10, first paragraph, parts c and d, of the Public Administration Open applicable mutatis mutandis.
3 In the case of general management measures, detailed rules shall be laid down concerning the disclosure of information, including the possible response of an interested party to the disclosure of its data, the time period to which such data may be disclosed. be made available and the manner in which disclosure is made.
4 If no offence is determined as referred to in the first member, that decision shall be published Article 4: 8 of the General Administrative Law Act Not applicable.
5 The disclosure referred to in paragraph 1 shall be made no earlier than after 10 working days have elapsed from the day on which the decision to the party concerned has been made known.
6 When disclosure is disclosed, or against a decision to impose administrative penalties or a decision as referred to in Article 17b, second paragraph , a remedy has been set up or whether there is a possibility.
7 Where a request is made for a provisional provision as intended Article 8:81 of the General Administrative Law , the disclosure is suspended until the provision judge has issued a ruling.
8 If disclosure, referred to in paragraph 1, is or could come into conflict with the purpose of monitoring compliance with this law exercised by the supervisors, disclosure shall be withheld.
Our Minister proposes further rules to promote the proper implementation of this law.
1 The employer is obliged to pay the foreigner who carried out his work as referred to in Article 2 (j) of the Directive. 2009 /52/EC of the European Parliament and of the Council of 18 June 2009 laying down minimum standards for sanctions and measures against employers of illegally staying third-country nationals (PbEU 2009 L 168).
2 If an employer makes an alien work in contraa with Article 2 , the foreigner is suspected of being employed for at least six months for that employer against the wages referred to in the first paragraph, and for the duration of the performance of the work customary in the industry concerned.
3 The foreigner may also be liable to each other higher employer for the fulfilment of the first member.
4 A claim under the third member shall be possible only if a claim on the next lower employer has not been successful.
5 The court of office shall have jurisdiction to hear progress made on the basis of the first to third members.
The articles of this law shall be applicable only to aliens who have rights to the Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey or the Association Decision. Having regard to Decision No 1/80 of the EEC/Turkey Association Council, in so far as it does not provide for new restrictions as provided for in Article 41 of that Protocol and Article 13 of that Decision.
The Law of Labor Foreign Workers is repealed.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Law labor aliens.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at Gravenhage, 21 December 1994
Beatrix
The Minister for Social Affairs and Employment,
A. W. P. Melkert
Published twenty-ninth December 1994The Minister of Justice,
W. Sorgdrager
