Tewerkstellingsvergunning (werkvergunning) PDF Print E-mail
A Tewerkstellingsvergunning (TWV) is obtained via the Centrum voor Werk en Inkomen (CWI). This institution Works According to the Wet Arbeid Vreemdelingen (WAV) meaning the Dutch Labor Laws, issued on December 21, 1994. The purpose of the WAV was to control the employment by aliens. An alien was only allowed to start working in the Netherlands, when there was no Dutch citizen available to do the job offered. Exceptions to this WAV were the members of the European Economic Community did not need a tewerkstellingsvergunning.

Aliens with nationalities of the countries that joined the EU, meaning Cyprus, Estonia, Hungary, Malta, Latvia, Lithuania, Poland, Slovenia, Slovakia and Czech Republic, as of May 7, 2004 are also no longer required to apply for a tewerkstellingsvergunning. Citizens of the added countries (since January 1, 2007) of Bulgaria and Romania still need a tewerkstellingsvergunning.

There are two different types of TWV:

1. Local foreign hire
2. In-Company transfer

Local Foreign Hire
The employer can obtain the required Tewerkstellingsvergunning application forms from CWI. However prior to filling in these forms, the employer will need to announce the job vacancy at the CWI en Eures (Eures is a pan European Labor office). Both organizations have five weeks to investigate if either a Dutch or an EU citizen is available for the job. When after this five week search period no suitable candidates are found and some additional criteria are met, the employer is allowed to file the tewerkstellingsvergunning for the alien.  The application must among other things include back up proof of the CWI and Eures searches. The application must be presented to the Tewerkstellingsvergunningen department of CWI.
This government body has a response time of five weeks.

In-Company Transfer
When an alien is transferred within his international organization to the Dutch office, and he will receive a minimum salary of Euro 50.000, the employer does not need to list the job vacancy with CWI and Eures. The employer does need to file for a Tewerkstellingsvergunning. The following documents need to support the application:
  • Labor contract
  • Statement why this specific alien is transferred to the Netherlands, specialized knowledge, or a managerial role can be reasons to file for.
  • Statement of company Head Quarter that the alien is indeed an in-company transfer
  • Annual report which shows that the total company revenues are Euro 50.000.00 per year
     
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Voldaan aan de meldingsverplichting conform de Wet Bescherming Persoonsgegevens (WBP) onder nummer m1158532