As of January 1, 2017 a work permit is required for Japanese workers who want to work in the Netherlands.
What exactly is a work permit and when do you need it?
When is a work permit required?
A work permit is a permit that the employer is allowed to take a foreign employee for a specified period of service. A work permit must be requested by the employer of foreign nationals who do not have free access to the Dutch labour market. That means that no work permit is needed in the Netherlands for workers from countries in the EU / EEA. There is an exception for workers from Switzerland and certain groups of scientists, knowledge workers and trainees.
How do you get a work permit?
A work permit can be applied for at the UWV (Social Security Agency). UWV must decide within five weeks after the application whether the permit is granted. The license is personal and work-related. A work permit is valid for up to one year, and afterwards the employer must apply for a new work permit.
If the UWV rejects the application or no decision is made within five weeks (fictitious refusal), then the employer may lodge an appeal to the Department of Labour Legal services of UWV within six weeks. If the appeal is rejected, then the employer may appeal to the court in The Hague (Office of Immigration, Administrative sector). If the court in The Hague rejects the appeal, the employer may still appeal to the Council of the State (Administrative Division).
Since the decision of the Council of State in December 2014, Japanese people had free access to the labour market. From January 1, 2017 this will be changed, meaning that a work permit will be required for Japanese workers who want to work in the Netherlands.
In practice this means that Japanese workers who work now in the Netherlands without a work permit will continue to do so as long as their residence permits are valid, wrote minister Asscher. Applications for a (new) license, received on or after 1 January will be evaluated by the generally accepted policies of the Foreign Nationals Employment Act.
What happens if no work permit is requested?
If a work permit is missing when it is necessary, then the employee is not allowed to work. Nevertheless, it can happen that – for whatever reason – these people came into service to an employer or other activities without legal status. In that case an employer is allowed to submit a request for dissolution by the sub-district court if he wants to terminate the employment of an employee by reason of illegality and/or the lack of a work permit. The fines that can be imposed on employers who hire illegal workers are very high.
Source: www.penoactueel.nl