Netherlands must allow asylum seekers to work more than 24 weeks: Council of State

Asylum seekers possessing a work permit are allowed to work in the Netherlands for longer than the current maximum permitted 24 weeks per year, the Council of State ruled. According to the highest administrative body, the Dutch 24-week requirement, based on which the UWV issues work permits, is contrary to European law.

The court in Arnhem made the same ruling earlier this year in a case involving a Dutch employer and an asylum seeker from Nigeria. Both parties wanted to continue working together after the expiry of the employment contract. But, because the employee had already worked for 24 weeks, the UWV would not issue him another work permit. He had to wait 28 weeks before applying again. The UWV approved that application, but after 24 weeks, he was again denied access to the labor market.

The Council of State’s administrative law department now confirmed the ruling by the Arnhem court, as well as a verdict in a similar case handled by the court in Utrecht.

The Council of State said the 24-week requirement detracts from the “purpose and useful effect of the European Reception Directive.” According to that directive, EU member states may determine for themselves the conditions under which asylum seekers may work. But it also states that countries must ensure that asylum seekers have access to the labor market no later than nine months after they submit their asylum application.

Benefits agency UWV said it was pleased with the Council of State decision. "The ruling provides clarity for all asylum seekers and employers in the Netherlands," said a spokesperson.

The UWV was prepared for a variety of scenarios, including this outcome. "We had already begun preparations, so now we can initiate the renewal of all work permits," the spokesperson stated.

Work permits issued by the UWV to asylum seekers were based on the 24-week requirement, provided that their asylum procedure had been going on for at least six months. After the 24-week period had expired, this group had no access to the labor market for the remaining 28 weeks, which the Council of State ruled on Wednesday to be contrary to European law.