On 4 March 2022 the Temporary Protection Directive was adopted by the EU (click here to read this NewsFlash). This gives Ukrainian nationals access to the Dutch labour market resulting in a different approach of the Dutch Labour Inspection (SZW).
The legal modifications will not be implemented overnight and therefore the following interim solution will apply in consultation with SZW until the Temporary Protection Directive is implemented:
- For Ukrainian nationals who have performed employment activities prior to 4 March 2022 and who do not hold a valid work permit, SZW will impose a fine to the employer for employment activities until 4 March.
- For Ukrainian nationals performing employment activities on or after 4 March 2022 and who do not hold a valid work permit, SZW allows the employer to apply for the necessary work permit within 2 days. During this period and whilst the application is pending, the Ukrainian employee may continue to work and SZW will not impose a fine.
After implementation of the Temporary Protection Directive, the Authorities will most probably consider the application for a work permit as a registration of a Ukrainian employee and will therefore not (directly) process the application. Most likely this will be considered as the required notification after implementation of the Temporary Protection Directive. However, this has yet to be confirmed.
