International Trade Regulations

The International Trade Regulations (the "Regulations") entered into force on 1 July 2017. The Regulations are a continuation of the Knowledge Industry pilot and make it possible to temporarily bring foreign workers to the Netherlands by means of a flexible procedure in the context of international trade. Companies can use the Regulations if they are able to demonstrate that the workers that they wish to bring in are needed to perform the work in question on the grounds of their specific knowledge and expertise. That work may not compete with the labour supply in the Netherlands, the European Economic Area and Switzerland. The Regulations mean that foreign workers who will be working on an approved project will not require work permits.

Process and conditions

Companies that wish to be eligible for the Regulations must first file a request to take part in the project with the UWV (Employee Administration Agency). The UWV then assesses whether the project meets the conditions of the Regulations and whether the work competes with the labour supply in the Netherlands. This may apply to employees who come to the Netherlands to follow a training course or in respect of the delivery of goods. The employer may register the project for a period of three years. If the UWV's decision is positive, the employer may have the workers work in the Netherlands without work permits. The employees must then be registered with the UWV, however.

Beware!

The UWV's decision that the worker may work in the Netherlands without a work permit is unrelated to his or her right to reside in the Netherlands. Employees who come to the Netherlands for a period of more than three months for work purposes must apply for a residence permit.

International Trade Regulations and ICT Directive

Since 29 November 2016, as a rule, the ICT Directive has applied to employees who are assigned to the Netherlands within a group of companies (for more information:  Employment Law Alert January 2017: Implementation of the Intra-Corporate Transfer Directive on 29 November 2016). Foreign employees who fall within the scope of the Directive and who wish to work in the Netherlands for more than three months must use the ICT Directive and may not use the Regulations. The Regulations may, however, be applied if the assignment lasts less than 90 days.

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