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Doing business in the Netherlands 20important difference with the current law is that theemployee may retract or rescind this agreementwithin fourteen days, without stating reasons or havingto go to court. The employer is required to pointout this option to the employee within two days of hiswritten approval. If he fails to do so, the period willbe extended from fourteen days to three weeks.Finally, the new legislation allows lodging an appealagainst any decision of the sub district court. Unlikethe current system, an order dissolving the employmentagreement may be appealed to the court ofappeal and to the Dutch supreme court. This mayresult in considerably longer proceedings and assuch will make it even more attractive to reach asettlement with the employee.4.3 Working conditionsBy comparison with international worker protectionstandards, the Dutch regulations are of a high standard.In view of an action plan of the DutchGovernment (Simplifying Social Affairs andEmployment Regulation), it is expected that theseregulations will be simplified to bring them more inline with the international worker protection standardsand to strengthen the position of theNetherlands on the international labour market.Under Dutch law, the employer is responsible fororganizing work in such a way that it protects thesafety, health and well-being of the employees inaccordance with a statutory set of standards andcriteria. In principle, all employers are highly recommendedto avail themselves of the professionalassistance of a certified occupational health service(‘Arbodienst’) in respect of the implementation of asignificant part of the applicable health and safetymeasures (for example the occupational healthmedical examination). Under certain circumstances,the employer’s own employees may provide thisassistance, providing that they are certified to thisend.Wet arbeid vreemdelingen (Foreign Nationals (Employment)Act)Workers from the European Union, EEA countries(Norway, Iceland and Liechtenstein) and Switzerlanddo not need special permits to work in theNetherlands. Non-qualifying nationals, however, doneed a ‘residence permit for work’ permits to worklegally in the Netherlands.As of 1 January 2014 the Foreign Nationals(Employment) Act is being amended. The employerapplies for the residence permit. There are differenttypes of residence permits, including for regularemployment, as a highly skilled migrant, holder of aEuropean blue card, lecturer, (guest) lecturer,trainee doctor or scientific researcher. If severalpermits are possible, the employer must make achoice. For the highly skilled with no employer aresidence permit for a search year is possible. Thisresidence permit gives the right to find an appointmentas a highly skilled migrant within one year.When applying for the residence permit, the employeracts as sponsor. The sponsor is responsible for theemployee complying with the conditions. A residencepermit for regular employment can be applied for byany employer with a branch or commercial agent inthe Netherlands. Registration of the employer withthe Trade Register of the Chamber of Commerce isrequired.To be admitted as a highly skilled migrant incomerequirements are laid down. To be admitted as atrainee doctor or (guest) lecturer, the employermaking the application must be a sponsor authorisedby the IND (Immigration and NaturalisationService of the Ministry of Security and Justice).Authorisation is carried out by the IND. The authorisationas a sponsor is in a number of cases a conditionfor the application for the residence permit.Employees with a European blue card are employeeswho carry out highly qualified work within theEuropean Union and meet the salary and trainingrequirement. For the scientific researcher admissionto the Dutch labour market is regulated by EUDirective 2005/71/EC.With effect from 2014 the UWV is from now onobliged every year to check a job taken by a foreignemployee (from outside the European Union, EEAcountries or Switzerland) against the labour marketstatus. The recruitment efforts of employers whowish to recruit or continue to employ foreign workersrequired by law issue no more than an employmentpermit for a maximum of one year (up to 2014 amaximum of three years). After five years (up to2014 after three years) labour migrants gain freeaccess to the Dutch labour market. After that a permitmay be refused if an employer has in the pastbeen sentenced for infringing labour legislation.