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Doing Business in the Netherlands 2012 - American Chamber of ...

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from and <strong>the</strong> nature <strong>of</strong> <strong>the</strong> company where he/she will be work<strong>in</strong>g <strong>in</strong><br />

<strong>the</strong> Ne<strong>the</strong>rlands.<br />

Generally, <strong>the</strong> Dutch employer must prove that <strong>the</strong> labor market has<br />

been scanned for workers who have priority. In this respect, <strong>the</strong><br />

employer must prove that <strong>the</strong> vacancy has been reported to <strong>the</strong> Dutch<br />

UWV WERKbedrijf and, usually, to <strong>the</strong> European Employment<br />

Service (EURES) for at least five weeks prior to <strong>the</strong> work permit<br />

application. Fur<strong>the</strong>rmore, <strong>the</strong> employer is required to advertise <strong>the</strong> job<br />

<strong>in</strong> a Dutch national newspaper, a pr<strong>of</strong>essional journal and must have<br />

engaged a recruitment <strong>of</strong>fice.<br />

If a company is unsure whe<strong>the</strong>r it is subject to <strong>the</strong> said report<strong>in</strong>g<br />

obligation, <strong>the</strong> company is advised to consult our <strong>of</strong>fice <strong>in</strong> advance.<br />

In order to avoid unexpected refusals, companies should be cautious<br />

about assum<strong>in</strong>g that a job does not need to be reported to various<br />

authorities. Please note that application procedures for different types<br />

<strong>of</strong> employment require extensive preparation. This is necessary not<br />

only for <strong>the</strong> application as described above, but also for those who<br />

want to stay <strong>in</strong> <strong>the</strong> Ne<strong>the</strong>rlands as self-employed <strong>in</strong>dividuals, or for<br />

those who want to work <strong>in</strong> a university, <strong>in</strong> <strong>the</strong> field <strong>of</strong> sports, or<br />

elsewhere.<br />

Several exceptions, such as <strong>the</strong> <strong>in</strong>tra-company transfer and tra<strong>in</strong>ee<br />

applications, exist. For this reason, it is advisable to contact our<br />

<strong>of</strong>fice.<br />

16.8 Knowledge Migrant Workers<br />

Skilled and highly educated foreign workers are not required to obta<strong>in</strong><br />

work permits to work <strong>in</strong> <strong>the</strong> Ne<strong>the</strong>rlands. This regulation is applicable<br />

to those who hail from Romania and Bulgaria and those countries<br />

which are not members <strong>of</strong> <strong>the</strong> European Economic Area.<br />

As <strong>of</strong> 1 January 2011, a knowledge migrant worker is one employed<br />

<strong>in</strong> <strong>the</strong> Ne<strong>the</strong>rlands and receives an annual salary <strong>of</strong> at least<br />

150 Baker & McKenzie

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