How to hire Ukrainian refugees?

Since 1 April 2022, Ukrainian refugees can work in the Netherlands without a work permit for non-EU nationals (tewerkstellingsvergunning; TWV). What requirements and formalities must be complied with by the Ukrainian refugees you intend to hire and by you, as an employer?

Requirements and formalities

• Refugees must meet the requirements of the EU Temporary Protection Directive. This means that the refugee must have fled Ukraine as a result of the Russian invasion in Ukraine on 24 February 2022. Refugees must have a document from the IND to prove that they fall under the scope of this Directive and thus under the exemption from the work permit for non-EU nationals. As not all refugees have this document yet, until 30 May 2022 they only need to prove that they are Ukrainian nationals.
• Refugees must have a Dutch citizen service number (BSN). In order to get this they have to register in the Personal Records Database (BRP).
• Refugees must be salaried employees, not self-employed. Therefore, an employment contract must be concluded with a refugee to which Dutch (employment) law applies.
• As an employer, you must notify the UWV that you are hiring a Ukrainian refugee. Two days after the notification has been made, the employee can start working.
• Changes with regard to the employee must be reported to the IND. For example, if the employee will carry out other activities, the employment contract ends sooner or the employment contract will be extended. 

Recommendations

• Make a photocopy of the notification form sent to the UWV and the confirmation of receipt.
• Make a photocopy of the refugee’s passport or the document proving their lawful residence in the Netherlands on the basis of the Temporary Protection Directive.
• Register the refugee’s date of arrival in the Netherlands in the employment contract.
• Consider whether you want to conclude a fixed-term employment contract (for the duration of the Temporary Protection Directive) or a permanent employment contract.
• Get advice on including a resolutive condition in the employment contract to ensure that the end of the Temporary Protection (Directive), in principle, results in the end of the employment contract.
• Refugees may need a residence and/or work permit in the future. Keep an eye on this.
• Ensure that you comply with the requirements / your obligations to avoid (high) fines.

What we can do for you

We can help you with the following:

• Reporting to the UWV.
• Drafting, changing and completing employment contracts.
• Informing and assisting with your obligations towards the IND or the Labour Inspectorate.
• Applying for a residence permit for a refugee in the future, if necessary.

Are you looking for assistance in hiring a Ukrainian employee? Or do you have any other questions regarding corporate immigration and Dutch employment law? Please contact us: