Rights category Work

Am I allowed to work if I have no residence permit?

No, undocumented migrants are not allowed to work in the Netherlands. You will not be granted a National Insurance Number and you are not eligible for a work permit either. In almost all cases the employer is obliged to check these particulars. This rule does not apply to services rendered to private persons. These employers do not need to check whether their employee has legal residence.

Which rights do I have if I work without having a residence permit?

The legal rights and the rights granted by the CAO [Dutch Collectieve ArbeidsOvereenkomst, collective employment agreement] apply to everyone who works. This agreement describes the terms of employment in particular sectors of industry. For example the law stipulates the minimum wage, the minimum number of days off and the right to employment protection. The CAO stipulates the working hours, the level of the wages for certain functions, the right to days off.

The following rules apply to services rendered to private persons: the right to the minimum wage, four weeks holiday and 6 weeks continuation of pay in case of illness.

What are the risks if I work nevertheless?

If you do work, the employer or the client will be penalized, not the employee. A private employer can also be punished, or a family member. It does not matter whether the employee is paid or not. Employership must be demonstrated: someone who works independently or someone who sells items independently does not have an employer.