Asylum seekers in the Netherlands will now be able to work more than 24 weeks per year following a ruling by the Dutch Council of State. 

The Administrative Jurisdiction Division of the Council of State ruled that the 24-week requirement prevented asylum seekers from gaining effective access to the Dutch labour market. It also detracted from the purpose and useful effect of the European Reception Directive and is contrary to European law, the Council stated.  

The European Reception Directive obligates European Union member states to ensure that asylum seekers can access the labour market. EU member states may determine the conditions for themselves. The Netherlands had applied the 24-week requirement, meaning that an asylum seeker could only work a maximum of 24 weeks within a period of 52 weeks. 

According to the Dutch employee insurance agency UWV, an extension in the number of weeks would mean asylum seekers could seek permanent residence in the Netherlands and become entitled to unemployment benefits.  

The UWV had rejected applications for work permits from two asylum seekers, which resulted in lawsuits filed by employers.   

Part of this broad objective is to facilitate access to the labour market for asylum seekers and to ensure that they have fair opportunities to enter the labour market across EU members states. The fact that asylum seekers only have access to the labour market for 24 weeks within a period of 52 weeks due to the 24-week requirement and not for the remaining 28 weeks, is, in the opinion of the Administrative Jurisdiction Division, “contrary to the background and objective of the Reception Directive”. 

In its ruling, the Administrative Jurisdiction Division also pointed to a report by research agency Regioplan which stated that the 24-week requirement forms a barrier for employers who are usually looking for long-term staff. It also means that the requirement does not make the asylum seeker an attractive employee.  

Minister Karien van Gennip of Social Affairs and Employment told Flexnieuws, “The ruling of the Council of State provides clarity for asylum seekers who would like to work more. They contribute to our society and learn the language faster. Employers now also know where they stand if they employ an asylum seeker.” 

The ruling means that asylum seekers in the Netherlands are now allowed to work more than 24 weeks a year if their asylum application has been pending for at least six months and if the employer has a work permit.