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Hiring foreign employees offers many benefits, but also comes with legal obligations. In this blog, we’ll discuss the key aspects of Dutch laws and regulations regarding the employment of foreign workers in the Netherlands.

1. The Foreign Nationals Employment Act (Wav)

The Foreign Nationals Employment Act regulates the employment of non-Dutch workers in the Netherlands. Employers may only employ individuals without free access to the Dutch labor market if they obtain a valid work permit (TWV) or a single permit for residence and work (GVVA). Employees from countries within the European Economic Area (EEA) or Switzerland have free access to the Dutch labor market and do not require a work permit.

2. Supervision by the Dutch Labor Inspectorate

The Dutch Labor Inspectorate ensures compliance with the Wav (Foreign nationals Employment Act). Employers who fail to meet legal requirements risk substantial fines. Therefore, it’s essential to stay informed about all applicable obligations.

3. Different categories of foreign employees

• EEA Nationals and Swiss citizens: individuals from EEA countries and Switzerland have free access to the Dutch labor market and do not require a work permit. 
• Non-EEA Nationals: these employees require a valid work permit, such as a TWV (work permit) or GVVA (single permit for residence and work). 
• International Students: under certain conditions, international students may work in the Netherlands without a work permit, but only for a limited number of hours per week.

4. Residence and work permits

Foreign employees often need both a residence permit and a work permit:

• Residence permit: grants permission to stay in the Netherlands.
• Work permit: grants permission to work in the Netherlands.

The required permits depend on the employee’s nationality and personal circumstances.

5. Special situations

Certain exceptions apply in specific cases:

• Cross-border service provision: when an employee from a company in one country temporarily performs work for an organization in another country, a work permit may not be required. However, this applies only if the employee has a valid work and residence permit within the EU, Norway, Iceland, Liechtenstein or Switzerland, and the employer is based in one of these countries. The employee must be registered via postedworkers.nl. 
• Students and au pairs: special regulations apply to these groups.

Employers must carefully assess whether exceptions or additional conditions apply to ensure compliance with the law.

6. Sponsor or recognized sponsor

A sponsor is an employer who hires foreign employees. A recognized sponsor, approved by the Dutch Immigration and Naturalization Service (IND) has additional rights and obligations. Recognized sponsors can apply for residence permits more quickly, but must meet stricter requirements. In some cases, becoming a recognized sponsor is mandatory.

7. Verification and identity control

Employers are legally required to verify their employees’ identities and retain a copy of their valid passport or identification document. This obligation also applies to foreign employees. Proper identity verification is crucial to avoid fines and legal consequences.

8. High-risk professions and language requirements

For high-risk occupations, such as asbestos removal workers or crane operators, additional safety requirements apply. In many cases, sufficient Dutch language proficiency is mandatory to ensure employees understand and follow safety instructions.

9. Notification of temporary foreign workers or self-employed individuals

Employers must report temporary foreign employees or self-employed workers to the Dutch Labor Inspectorate. This also applies to employees working via temporary employment agencies or subcontractors. Failure to comply with this notification requirement can result in significant fines.

10. Employer responsibility

Employers bear full responsibility for complying with all regulations. This includes:

• Verifying work and residence permits.
• Complying with notification obligations and language requirements.
• Ensuring compliance with industry-specific regulations.

11. Penalties and consequences of non-compliance

Failure to comply with regulations can lead to severe consequences:

• High fines, potentially reaching thousands of euros per employee.
• Reputational damage, as non-compliant employers may face negative publicity.

Strict compliance with legal requirements is essential, as is staying up to date with legislative changes.

Compliance with laws and regulations

Employing foreign workers presents opportunities but also requires diligence. Employers must be aware of the requirements regarding work and residence permits, verification obligations, and special regulations for certain situations. By adhering to these rules, employers can avoid legal issues and contribute to a fair and safe working environment.

In order to maintain a safe and healthy work environment, it is crucial for employees to understand work and safety instructions. However, language barriers can lead to hazardous situations in the workplace. Here are some tips to help effectively manage these barriers and with that, a safe work environment.

What is a language barrier?

A language barrier arises when people are limited in their communication due to a lack of proficiency in a language. With increasing multiculturalism and labor migration, the likelihood of different languages on the work floor in the Netherlands is growing. 

Research shows that many workplace incidents stem from miscommunication caused by language barriers. When employees are unable to understand safety instructions, it endangers not only themselves, but also others. If your company consists of a large number of non-native speakers, implementing a language policy is crucial.

Tips on how to manage language barriers in the workplace

Now that we have made clear what a language barrier entails, let’s consider the ways in which employers can address this challenge.

1. Learn about your employees’ language and culture

If you are aware of which languages are spoken on the work floor, it can be helpful to understand more about their language and culture. Gestures and expressions may have different meanings in their home countries than in the Netherlands. By being aware of this, it could help prevent misunderstandings.

2. Translate essential documents

Ensure that important manuals, work instructions and safety protocols are available in the employees’ native language. Many documents are typically available in Dutch, English or German. However, employees who are unable to read these languages struggle to understand the crucial information.

3. Organize an instructional meeting with interpreter support

If you have several employees speaking the same language, consider holding a joint instructional session with an interpreter present. This approach ensures that everyone understands the information and fosters mutual understanding and team cohesion.

4. Create a company dictionary

Every company uses its own jargon and terminology for processes, systems and even work instructions. Compiling a dictionary with key terms translated into employees’ native languages could be beneficial. It helps new employees integrate more quickly.

5. Use visual aids

Visual support, such as icons, simple images or clear instructional videos, can greatly aid understanding amongst your employees with limited language skills.

6. Be patient

Patience is key when trying to bridge a language barrier. If an employee with limited Dutch proficiency tries to explain something, it is important to stay patient. If they perceive impatience from their conversation partner, they may speak more quickly or stop communicating altogether. This increases the likelihood of misunderstandings and may even lead the employee to avoid future communication.

7. Offer a language course

Providing language courses is a valuable investment in your non-native-speaking employees. By offering them the opportunity to learn Dutch, you enable them to express themselves more effectively and understand workplace dynamics better. A language course tailored to essential terms and job-related language skills can make daily tasks and communication with colleagues easier. This improves safety and understanding, making the company a more attractive place to work. On top of that, it contributes to the employees’ personal development and therefore to the development of your company.

Welcoming a non-native employee?

Take time to familiarize yourself with their language and culture. No one expects you to be fluent, fully versed in their customs or to spend hours trying to learn their language. However, it does benefit you to know a few words and some basic cultural practices, since this could make a huge difference safety-wise. Use these tips to transform language barriers and a multicultural workplace from obstacles into opportunities for your company.

Social media plays an indispensable role in our society, and we eagerly leverage it in the quest for foreign workers. To find the perfect candidate, you must be present where your target audience is, and that place is undoubtedly social media! It is the ideal platform to bring job vacancies to the attention of potential candidates. Let Blinkr show you how it's done.

Social media recruitment

When recruiting through social media, you utilize various social media channels to attract suitable candidates. We provide you with some practical tips to devise your social media strategy for international recruitment.

1. Establish a presence on online channels

This may sound obvious, but it is crucial to be consistently present on channels where your target audience is active. Showcase your company, your identity, and share your knowledge and experiences with your followers.

2. Enhance visibility on multiple platforms

Share your content and job vacancies across different channels tailored to your target audience. While TikTok has seen significant growth in recent years, and the number of users on Instagram continues to rise, we observe a decline in active Facebook users. Nevertheless, your specific target audience might still be most active on Facebook. So, adapt your content not only to your audience but also consider the platform where you will publish it.

3. Know which social media channels are popular in each country

Social media usage varies significantly across European countries. Therefore, research the country where you intend to place your job vacancy or content.

Apart from well-known platforms like Facebook, Instagram, LinkedIn, and TikTok, there might be other local social media channels that are popular in specific countries. It's essential to investigate these local platforms and understand which channels align best with your target audience in each specific country.

By thoroughly researching social media usage in each country where you plan to post your job vacancy or content, you can better align your marketing and recruitment strategies, selecting the right channels to convey your message. This will help you create a broader reach and increase engagement with the right audience.

4. Launch campaigns

Once you have implemented the above points effectively, it's time to initiate a content or social media campaign. With a paid campaign, your message reaches even more people, particularly your specific target audience.

Exposure via social media 

When searching for candidates abroad through social media, you not only reach active job seekers but also latent job seekers – those who are not actively seeking employment. Your social media campaign (paid advertisement) catches their attention as well. Consequently, you generate exposure and extend the reach of your job vacancy. This is ideal, as the more people who see your job vacancy, the higher the likelihood of finding your ideal candidate.

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Due to the tight labor market, it can be quite difficult to find the right employees in the Netherlands. Therefore, it is often worthwhile to extend your target area. You could try to find your new personnel in other European countries. This, however, comes with a fair amount of paperwork and organization. It’s a very time-consuming task, which is why a partnership with Blinkr is highly beneficial. Why? Blinkr is an expert when it comes to these procedures; from bringing people to the Netherlands to handling all the administrative tasks and housing: we succeed in all.

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We recruit, select and dispatch candidates for jobs in production, prefabricated concrete, the energy sector, insulation, petrochemicals and HVAC. Simultaneously, we prioritize projects that make a positive impact on the environment and society as a whole.

What makes Blinkr special?

Reliability is at the root of what we do. We put our people first, regardless of whether they are our clients, partners, candidates or colleagues. Our number one priority is our people, so we make sure to provide the very best service. We take full responsibility, take care of everything that needs to be taken care of, and happily share all our knowledge. In other words: we’ve got your back!

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Furthermore, we use data-driven recruitment. Our intelligent data system provides us with valuable insights regarding the recruitment of international employees. This system is a network of candidates, vacancies, applications and companies. We compare new recruitment challenges with old challenges to ensure the very best match for your business.

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What exactly does Blinkr do?

Skilled workers without the hassle, that is what we stand for. We handle all the details – from recruiting and selecting the best candidates to verifying their paperwork. Once all the documentation is in order, we also arrange transportation to the Netherlands and provide housing. We take care of every detail, from the daily commute to the necessary administration that ensures candidates to work legally in the Netherlands. 

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Trustworthy and uncomplicated  

Blinkr is certified under the ISO-9001 quality management standard. We also hold a NEN 4400-1 certification. This emphasizes everything has been thoroughly checked, and devoid of complications. We strive for smooth operations only!

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Why partner with Blinkr?

• We ensure to provide the best service and candidates for your vacancy or project, by using our intelligent data system;
• No need to worry about transport and housing: we take care of everything;
• ISO-9001 certified;
• Holder of the NEN 4400-1 certification.