The Board of Mayor and Alderman in Amsterdam would like to make internships available to MBO-students that stay in the Netherlands illegally.

Is this contrary to the law?

Minister Kamp takes the position that this would require a work permit. If the employer(s) in this case, possibly both the school and the Municipality, do not dispose a work permit, they might be fined on the grounds of the Alien’s Employment Act (Wav).

Mr. Erik Scheers and Alderman Lodewijk Asscher have been interviewed about this issue by the VPRO radio and the highest Dutch judge has recently ruled on this issue.

It shows that under certain conditions an internship cannot be considered as work under the terms of the Wav and that the school was unjustly fined.

As long as the Municipality and the school keep themselves to these conditions, a fine cannot be imposed. Furthermore, it is possible that a fine that was imposed on minor students is in conflict with the Children’s Rights Act in which the right to education for children has been secured.

For the ruling click here.

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