Author
The rights and duties for beneficiaries with regard to employment are included in the Aliens Labour Act.[1] This law is based on international and European legislation.[2] In the Netherlands, refugees and subsidiary protection beneficiaries with a residence permit have free access to the Dutch labour market as soon as they receive their residence permit. The residence permit must contain a notification stating: ‘free access to the labour market, no work permit required’ (arbeid vrij toegestaan, tewerkstellingsvergunning niet vereist). Free access means in this context: free access to employment, the right to entrepreneurship, to follow an internship or to do voluntary work. There is no work permit or a so-called ‘volunteer’s declaration’ required. Dutch law makes no distinction between refugees or subsidiary protection beneficiaries in this regard.
According to several studies, the position of beneficiaries of international protection on the Dutch labour market is very vulnerable, with limited improvements made through time.[3] Although legal access to labour participation is granted, the effective access is limited as they face practical obstacles, such as psychological and physical distress, lack of documentation proving qualifications, lack of a social network, low educational levels, lack of language proficiency, etc. Therefore, beneficiaries are in a more disadvantageous position than other immigrants or Dutch nationals.[4] The number of beneficiaries with paid employment increased in 2022 compared to the previous year. Among the beneficiaries who were granted residence permits in 2014, 45 percent had a job by mid-2022. Looking at the characteristics of the most recent jobs, the majority of beneficiaries have part-time employment (53 percent) and a temporary contract (79 percent). Among those employed, 5 percent work as self-employed individuals.[5] Specific figures on the number of beneficiaries with paid employment in 2023 are not yet available. The Central Bureau of Statistics (CBS) updates these figures annually; the most recent update includes data up to 1 July 2023. In the first half of 2023, 10% of beneficiaries had secured employment within three months of receiving their residence permit.[6] Furthermore, research demonstrates an upcoming trend where municipalities support beneficiaries in maintaining their jobs; one third of the municipalities continue their guidance after beneficiaries started a job.[7] The decrease in number of beneficiaries actively working during the pandemic seems to be resolved, this is mainly because they also benefit from the high labour demand in the Netherlands at the moment.[8]
The Dutch government adopts a hybrid approach to employment-related support measures, by combining generic initiatives for migrants with specific, tailored assistance for beneficiaries of international protection. Examples include Dutch integration courses, support for obtaining recognition of professional qualifications and housing assistance.[9] Employment services are legally anchored in the Participation Act (Participatiewet).[10] For asylum applicants the government also tends to improve the labour participation by focussing on participation at an earlier stage, i.e. while people are still in AZCs. An example of this is the so-called ‘screening and matching’ process, during which the COA conducts a screening of labour skills and matches individuals with municipalities that offer better employment opportunities. Additionally, COA provides language classes in the reception centres for asylum applicants likely to receive international protection (currently limited to individuals from Syria, Eritrea, Turkey, Yemen and, stateless persons).[11]
For many job opportunities, professional qualifications are required. In order to obtain recognition of these qualifications, the Cooperation Organisation for Vocational Education, Training and the Labour Market (Stichting Samenwerking Beroepsonderwijs BedrijfslevenSBB) jointly compare foreign diplomas with the Dutch educational system.[12] In case a refugee follows a compulsory Dutch integration course, this is provided for free. The main obstacle is that many refugees lack any credible documents to prove their qualifications. Furthermore, a low educational level form impede access to language courses or vocational educational training.[13]
On 29 January 2024, the Dutch government announced that five municipalities and regions have initiated a pilot program to offer paid employment directly to status holders (recognized refugees) as they transition from asylum centers to their new municipalities. The aim of this initiative is to enhance integration by enabling status holders to participate in the workforce immediately, facilitating language acquisition and improving their position in the labor market. Lessons learned will be shared with other municipalities to promote similar employment opportunities for status holders nationwide. This effort is part of the ‘Plan van aanpak Statushouders aan het werk’ (Action Plan: Status Holders to Work), funded by the Ministry of Social Affairs and Employment.[14]
Good practices
Part of the integration requirement for beneficiaries of protection is the MAP module (Training Module Labor Market and Participation). The purpose of the MAP is to familiarise and prepare those obliged to integrate with the Dutch labour market. A good practice is the MAP module developed and provided by the Dutch Council for Refugees (VWN) in close cooperation with the municipality of Hilversum and so called ‘employer service points’. Six weeks after housing in the municipality of Hilversum, refugees receive an intake, where their work and educational background, language level, family situation, motivation, interests and ambitions are discussed with an employee of the municipality and the Dutch Council for Refugees (VWN). After that, the person is placed in a group training MAP Start or MAP Deepening. In addition, refugees receive an individual employment coach; a carefully recruited and trained volunteer. This MAP module aims to contribute to the empowerment of the target group and offers appropriate support for early participation and employment.
[1] Aliens Labour Act.
[2] See Articles 17, 18, 19 and 24 Refugee Convention, Article 6 ICESCR, Article 26(1) recast Qualification Directive, Article 14 Family Reunification Directive, Article 1 European Social Charter, etc.
[3] KIS and Divosa, KIS-Monitor 2023, Gemeentelijk beleid arbeidstoeleiding en inburgering statushouders en gezinsmigranten, September 2023.
[4] European Migration Network (EMN), The integration of beneficiaries of international / humanitarian protection into the Dutch labour market: Policies and good practices, February 2016, available here, 3.
[5] CBS, Cohortonderzoek asielzoekers en statushouders, Asiel en integratie 2023, April 2023, see in Dutch : https://bit.ly/4bzIZpe.
[6] CBS, Dashboard Asylum and Intergeration, in Dutch via: https://bit.ly/4fT3XR4.
[7] EMN, The integration of beneficiaries of international / humanitarian protection into the Dutch labour market: Policies and good practices, February 2016, available available here, 4.
[8] KIS and Divosa, Factsheet statushouders: rapportage werk, onderwijs en inburgering 2021, Octobre 2022.
[9] Ibid, 4.
[10] Wet van 9 oktober 2003, houdende vaststelling van een wet inzake ondersteuning bij arbeidsinschakeling en verlening van bijstand door gemeenten (Wet werk en bijstand).
[11] Ministry of Social Affairs, KST 32 824, nr. 303, 4.
[12] See website of Internationale Diplomawaardering IDW, available in Dutch at: https://bit.ly/3TR81ta.
[13] EMN, The integration of beneficiaries of international / humanitarian protection into the Dutch labour market: Policies and good practices, February 2016, available here, 4.
[14] Rijksoverheid, Gemeenten starten proef om statushouders direct aan werk te helpen | Nieuwsbericht | Rijksoverheid.nl available in Dutch at: https://bit.ly/3PrnBc5.