Working without a residence permit

Are you working at the time your asylum permit is denied? And do you have an employment contract? Then your employer can terminate your contract. Your employer may no longer employ you if your asylum application is rejected. Because you will no longer be allowed to work.

There are employers who hire people without residence permits. But often you then do not get an employment contract. Employers do this so they are less likely to get a high fine for hiring people without a residence permit. After all, hiring someone without a residence permit is not allowed in the Netherlands.

Do you have an employment contract? Then you are also entitled to everything agreed in the

Do you not have an employment contract? Even without a contract, you are entitled to all the terms and conditions of employment listed in the collective labour agreement for your job. It may just be difficult to get the leave days, leave pay and sick leave entitlements from your employer if you do not have a contract. And it may not be smart to claim them either. Even though you are entitled to them. The employer can fire you. Do you need help or advice? You can always turn to organisations such as the Red Cross, CoMensha and Fairwork (see below).

Working in the Netherlands without a residence permit is difficult. And it can be difficult to make use of your rights because you do not always have proof of work. Also, there may be employers who try to take advantage of your vulnerable position. So beware of human trafficking and exploitation. An employer may also threaten to report your illegal residence.

If you do work, your employer will be penalised, not you as an employee. Even a private employer can be penalised or a family member. It does not matter whether you are paid or not.

Are you working somewhere but do not have an employment contract? Then you still have rights as an employee. If you can show that you work (or have worked) regularly with your employer, that can also count as an employment contract. And then you are also entitled to what is agreed in the collective labour agreement for your sector.

Consider agreements on working hours, the amount of pay for a particular job, the right to leave days and continued pay when you are sick. Even if you have not signed a paper contract. If you cannot prove how long you have worked for your employer, 6 months of work is assumed.

If you do not have a residence permit in the Netherlands, Dutch law does not allow you to work. People without a residence permit who still want to work therefore run a high risk of becoming victims of human trafficking and exploitation.

Yet, as an employee, you are not powerless. There are several organisations in the Netherlands that can help you if you are being exploited by your employer. Some of these organisations can be found on this page.

The Coordination Centre against Human Trafficking (CoMensha) is an organisation dedicated to fighting human trafficking and exploitation. If you are a victim of either of these, please contact CoMensha at (033) 448 11 86. You can call from Monday to Friday, between 09:00 and 17:00.

FairWork stands up for the interests of victims of human trafficking and exploitation in the Netherlands. Do you think you yourself are a victim of human trafficking or labour exploitation? Do you wonder whether you are being exploited, FairWork helps you further in 18 different languages. Read more on the FairWork website

The Red Cross helps people without residence permits get information about local services such as legal support, health care and shelter. You can find more information about what the Red Cross can do for you on the Red Cross website.