Dutch government seeks tighter rules on employing migrant workers

Workers from outside the European Union sometimes come directly to the Netherlands through another European country. The Dutch government wants to introduce stricter conditions for this type of posting. According to the government, employers are increasingly using this route to circumvent Dutch rules. This leads to worker exploitation and unfair competition with businesses that follow the rules. The proposal sets conditions for the period of employment before workers are posted to the Netherlands. The government also wants to set requirements for how long permits remain valid.

Minister Vijlbrief of Social Affairs and Employment outlined the plans in a letter to the Dutch House of Representatives. The changes are expected to take effect in July 2027. The government is submitting the proposal for an online public consultation.

Three months of work first

The Netherlands sets strict conditions for work and residence permits for third-country nationals. These are workers who hold citizenship of a country outside the European Union. Other European countries apply less stringent conditions to these permits. This allows employers to place workers directly in the Netherlands through a company based in one of those countries.

The government wants workers to first spend three months working in that European country. Only then would they be allowed to work in the Netherlands on a posting. Their work and residence permits must remain valid beyond their temporary assignment in the Netherlands. This would allow them to return afterward to the country that issued the permits.

These conditions would help the Netherlands Labour Authority assess whether a posting is lawful. A fine may be imposed if the posting does not meet the requirements.

More posted third-country nationals

Around 18,000 posted third-country nationals worked in the Netherlands in 2021. By 2025, that number had risen to more than 29,000, according to the government. The government says the actual number is much higher. Research by Panteia indicates that approximately 38% of posted workers are not registered.

If these workers are underpaid, they must seek redress from a company abroad. This makes it difficult for Dutch support organizations to help them. The measure is part of a broader approach to labor migration.

Rijksoverheid.nl