On July 1st, 2025, the Dutch government published a news release titled “Kabinet pakt sluiproute aan”, stating its intention to tighten enforcement rules for third-country nationals (TCNs) posted to Netherlands under EU secondment frameworks. Although no new law has taken effect yet, the Ministry of Social Affairs and Employment (SZW) has made its position clear: companies must no longer rely solely on EU permits when deploying TCNs in Netherlands.
Let’s unpack what’s changing, why it matters and how your company can remain compliant.
What is the Dutch cabinet planning?
The minister points to a growing trend of “legal detours” used by EU employers to post third-country workers to Netherlands without following full Dutch procedures. These detours involve obtaining a work and residence permit from another EU country (like Poland or Lithuania) and then seconding the employee to Netherlands.
While this construction is not necessarily illegal, the Dutch government believes it undermines national labor protections and raises risks of exploitation.
That’s why the cabinet has announced that it plans to:
- Clarify the obligations for companies posting TCNs to Netherlands.
- Tighten the enforcement of current rules through increased inspections (especially by Netherlands Labour Authority).
- Work toward EU-wide policy harmonization to prevent misuse of internal mobility schemes.
- Consider raising the threshold for secondment, including stronger documentation requirements and mandatory notification protocols.
These proposed measures will likely affect employers across Europe who rely on cross-border employment of TCNs.
Legal background: work vs. residence rights
Many employers mistakenly believe that once they have an EU-issued work and residence permit, their employees can move freely across the Union for long-term projects.
In reality, the right to work and the right to reside are regulated separately.
Here’s the crux:
- The EU permit may allow the employee to work under secondment arrangements.
- But under Dutch immigration law, a Dutch residence permit is required after 90 days of presence in Netherlands, even if no new work permit is needed.
Failing to arrange this is a compliance breach and could result in:
- Rejection of future secondment declarations.
- Entry/exit restrictions for the employee.
- Administrative fines for the employer.
- Reputational damage.
What CIS does (and doesn’t do)
At CIS, we specialize in solving precisely this gap. We do not arrange work permits or A1 declarations and we do not replace your European mobility strategy. Instead, we handle the missing piece: the Dutch residence permit that legally allows your TCN employees to stay in Netherlands beyond 90 days.
We’ve built a fully digital platform that simplifies the otherwise bureaucratic and confusing Dutch residence permit process, without your team needing to become immigration experts.
In a climate of increasing scrutiny and evolving policy, our solution guarantees compliance, speed and peace of mind.
Why this matters now
The cabinet’s statement marks a shift in tone and enforcement, not just legislation. Your company may already be legally required to apply for Dutch residence permits, even if you haven’t been doing so.
And while the proposed changes are still in development, one thing is certain: authorities will be watching more closely. By acting now, you not only stay compliant, you also stay ahead.
Next step is to ask yourself:
Are you deploying third-country employees in Netherlands under an EU permit? Have they been in the country for more than 90 days? Do they already have a Dutch residence permit, separate from their EU papers?
If not, you may already be in breach, even if unintentionally.
Reach out to CIS to understand how our platform ensures timely, fully compliant Dutch residence applications, while you focus on business.
Let’s talk before headlines become law.
