In the previous article we have sorted out different types of labor relations, and now we will figure out in which case which method is most acceptable.
When hiring a foreign employee, you need to pay attention to 2 things: citizenship and residence permit of a potential employee.
- Dutch citizenship.
It is unlikely that surprises await you here, feel free to hire this person to work.
With him, you can use any of the 5 options for labor relations. Pay special attention only to the freelance contract. Because if the person with whom you have entered into such a contract is a Dutch taxpayer, you are required to file an additional “payments to third parties” report at the end of the year.
- EU citizenship.
These people can be hired without any job restrictions. But regardless of the method of hiring, you need to inquire about their registration. If a person has a residence permit in the Netherlands, no problem. If he is not registered in the Netherlands, then he has the right to work for you for no more than 4 months.
An exception to this rule is “border workers” who live close to the border and travel to work in the Netherlands. When can a person be considered a border worker? If he can prove that he leaves home at least once a week (at the place of registration).
If you are hiring an EU citizen through a foreign employment company, then be careful - this company must be a taxpayer in the Netherlands and pay social contributions for its employees.
- Not an EU citizen.
This is a special category of residents of Estonia and Latvia who have not received citizenship of their countries, but permanently reside in the EU. By law, they are equated to third-country nationals with a residence permit in the EU.
- Citizen of a non-EU country, but with a residence permit in the Netherlands.
In the case of hiring such an employee, carefully study what type of residence permit he has. The back of the card indicates whether the person is eligible to work.
Inscription "Workisvrij toegestaan. TWVdid notvereist" means - work without restrictions, no permission required.
All other labels are subject to restrictions or the obligation to obtain additional permission. A few examples:
If a person has an entrepreneurial residence permit and the inscription "arbeid als zelfstandige", then you can only hire him as an entrepreneur.
If a person has a specialist residence permit (kennismigrant), then he can only work for a company that has the status of a referent or can open a business. In this case, options 2, 3 and 4 are suitable for you.
A person with a student visa has the right to work no more than 16 hours a week and for this, a permit must be requested.
It is impossible to list all the options in a regular survey, so if you are in doubt whether it is possible to hire a particular person, ask a specialist a question.
- Citizen of a non-EU country, but with a residence permit in one of the EU countries.
Such a person has the right only to work in the country where he has a residence permit, but there are exceptions. This person can be sent to you on a business trip under a subcontract agreement. To do this, it is necessary that he has a residence permit with the right to work, and you have a contract with an employing company. That's not all. The employing firm must receive an A1 form for it, and the employee must be registered on the posted workers portal.
The same rules apply to private entrepreneurs with a residence permit in another EU country. In this case, you will also need a subcontract agreement just with the entrepreneur himself.
Both the one and the other have the right to work no more than 90 days within 180 days. After the end of the 3 month period, he is obliged to leave the country. He will be able to return again only after three months. The registration process must be repeated each time.
Since you, as the receiving party, are responsible for the registration of such an employee, and the inspection will come to you, we recommend that you treat the documents very responsibly. Our experts are ready to help both with the control of documentation and with the preparation of the necessary contracts and the registration itself.
- The person does not have either EU citizenship or residence permit. You can only hire such an employee for remote work under an entrepreneurial or freelance contract. He is not allowed to work in the Netherlands. The fact that such a potential employee has the right to visa-free entry does not provide any advantages.
If you still want this particular person to work for you, then there are the following options:
– Get him a specialist visa.
In this case, you will most likely have to resort to the services of an intermediary firm. Don't forget to read the required salary norms for specialists.
– Or find an intermediary company in another EU country that will issue him a residence permit and then you can use the previous option.
Of course, there are also non-standard options and exceptions here. Special rules exist for coaches and top managers, interns and trainees, church ministers and musicians, equipment tuners and truckers, British citizens and Asian chefs.
Read about the mandatory registration of temporary workers here.
Still have questions? Please contact.
