The International Trade Scheme

The International Trade Scheme offers international businesses the opportunity to temporarily employ non-EU workers in the Netherlands without the need for a work permit. Find out below how this scheme works.

Project

To make use of the scheme, a ‘project’ must be registered with the Employee Insurance Agency (UWV). The project must be part of international trade, services, or cooperation. This may, for example, involve a joint venture, the construction of a superyacht, or the delivery of software or equipment. When registering the project, the applicant must demonstrate the relationship between the Dutch company and the foreign company that employs the workers. This can be shown with a contract or cooperation agreement. UWV is required to make a decision within five weeks. Admission to the scheme can be granted for a maximum of three years. After that it is possible to apply for admission to the scheme again, if the requirements are met.

Companies may use the International Trade Scheme if they can prove that the workers are necessary for the project due to their specific knowledge and expertise. A director-major shareholder, contractor, or employee of the foreign company may carry out the work.

Notifications

After the project is approved under the scheme, the Dutch company must notify UWV about the individual workers. This must be done at least two working days before the work starts. The Dutch company must ensure compliance with the Minimum Wage and Minimum Holiday Allowance Act. After the project ends, the company must deregister the workers with UWV within three months.

Please note: this scheme does not grant the worker a right of residence in the Netherlands. Workers staying in the Netherlands for less than 90 days within a 180-day period must meet the conditions for short stays. If the stay exceeds 90 days, a residence permit must be applied for through the IND.

Conditions

UWV will reject admission to the scheme if:

• the concerned activities compete with Dutch nationals, EU/EEA citizens, or foreigners with a residence permit allowing free access to the labor market. UWV considers the nature of the project and the work, its duration, the value of goods or services involved, the expected number of workers, and the overall value of the project. A minimum value is not required;
• The Dutch company received a final fine or was sanctioned within the last five years for violating relevant labor laws.
• The company failed to notify UWV of the end of a previous project within three months.

Advantages

In addition to existing schemes, such as the highly skilled migrant program and intra-corporate transferee schemes, the International Trade Scheme offers both certainty and flexibility to commercial companies with international trade relations. Certainty because the project must first be approved by UWV, and flexibility because individual workers only need to be registered with UWV once it is clear they will come to the Netherlands.

Feel free to contact us if you are curious whether your company qualifies for admission to the International Trade Regulation Scheme.