February 16th 2024
24-week requirement deleted
- (Dutch) laws and regulations
- Laws & rules
- Job market
The 24-week requirement for asylum seekers was recently officially scrapped. This rule, which only allowed asylum seekers to work 24 weeks a year, was one of the biggest obstacles to the rapid integration of asylum seekers. But what does abolition mean in practice? Can asylum seekers now indeed find work more quickly and easily? And what does it mean for employers?
Please note: this article was translated using a translator appThe 24-week requirement
Until recently, the 24-week requirement for asylum seekers applied in the Netherlands. This requirement meant that an asylum seeker could work a maximum of 24 weeks within a period of 52 weeks. According to the UWV, an increase in the number of weeks would send a signal to asylum seekers that permanent residence in the Netherlands is likely and could result in asylum seekers becoming entitled to unemployment benefits.
Maarten van Panhuis, entrepreneur and initiator of RefugeeConnect, filed a lawsuit with Nigerian asylum seeker Elvis against the 24-week requirement. And with success . The Council of State concluded that the 24-week requirement is contrary to European law, as a result of which this rule was taken off the table.
Abolition: what now?
But, Van Panhuis recently said in a monthly session for partners of Refugee Talent Hub: “The statement about the 24-week rule was very ambiguous. On the one hand you are very happy, but on the other hand you quickly realize: what now? And it now appears that many things get stuck in practice . In other words: the 24-week rule has been abolished, it now needs to be turned into a good policy.”
Practical challenges therefore remain that hinder asylum seekers in their search for work. Some of the issues:
- The processing time for applying for a work permit (TWV) via the UWV is currently too long. The lead time was 3-4 weeks, but is currently 6-7 weeks. As an employer you can apply for a TWV here .
- An asylum seeker must be in the Netherlands for at least 6 months, after which paid work is allowed (volunteer work is permitted).
- The processing time for applying for a citizen service number (BSN) is currently too long. A BSN is required to work as an asylum seeker. Read here how you can apply for a BSN as an asylum seeker. It is possible for employers to request an urgent procedure via the information desk of a COA location , which can sometimes give priority.
Opportunities for employers
Despite persistent limitations, more and more is possible for employers. For example, more and more information is becoming available to employers about hiring asylum seekers. In addition, employers have an important voice when it comes to emphasizing equal employment opportunities for asylum seekers. Van Panhuis: “For employers, this means: continuing to indicate why this is so important for employers: unfilled vacancies, social problems and a great distance to the labor market until asylum seekers receive a status.”
Van Panhuis himself will certainly remain committed to this theme. A letter to Parliament was recently sent to the informant to put the theme on the map, signed by a number of large employers. In addition, options are currently being investigated for conducting a study that will show what broader work opportunities for asylum seekers will mean for the “BV-Netherlands”. In this way, employers can make their voices heard so that real change can be brought about.
And, socially speaking, the longer someone is inactive, the more difficult it is to activate someone. So as a society we also benefit greatly from allowing asylum seekers to play a role as quickly as possible. People learn the language, contribute, build their network. And around 85% of asylum applications are approved: we better ensure that these people become an integral part of society as early as possible.
As an employer, do you want to hire asylum seekers but don't know where to start? Then check out the Ben & Jerry's toolkit for employers . This toolkit gives you insight into the information that needs to be collected about your employee, the next steps and an explanation of how you can apply for a work permit.