Change for Japanese workers
The IND has reversed the recent favorable change in the position of Japanese workers. As a consequence of a ruling of the State Council of December 24, 2014 Japanse workers gained access to the labor market. The Council of State ruled that Japanese by an MFN clause in the Netherlands-Japan trade agreement (1912) and Dutch-Swiss Treatise (1875) Japanese workers should be treated equal to Swiss workers who are free on the Dutch labor market.
The Dutch and Swiss governments have now made an interpretative statement to the treatise, in which they clarify that the temporary and permanent residence and access to the labor market of both countries based on the treatise is subject to national legislation. The statement was published on Monday, June 20th, 2016 in the so called Tractatenblad (Treaty Series).
The publication of the interpretative declaration has the effect that for Japanese workers who want to work and live in the Netherlands will be required to obtain a work permit first. Either the employer must first get approval from the UWV (Dutch labor authority) before a Japanese worker may be hired, or the employee must be regarded as a highly skilled migrant. The Secretary of State has agreed to a transitional period until 1 October 2016. This means that applications for a single permit for residence and work (GVVA), submitted on or after October 1, 2016 will be reviewed again in the terms of the Employment of Foreigners Act (Wav) as the condition that there is no availability of qualified staff within the EU for that job.
Japanese workers as a result of the above decision of the Council of State who are already in possession of a residence permit with the labor market endorsement ‘work freely permitted, work permit not required’ (arbeid vrij toegestaan, twv niet vereist), will be able to retain this permit for as long as it is valid. So there is no reason to proceed with the withdrawal of the residence permit. However themailto:firstname.lastname@example.org@altadvocaten.nl application for the extension of the of the validity of the residence permit, filed on or after October 1, 2016, will be checked against the terms of the Employment of Foreigners Act (WAV).
For questions regarding the discussed modification for Japanese workers, please contact one of our attorneys, telephone 020-6161487 or by email email@example.com.