Asylum seeker allowed to work longer: highest court cancels '24 week requirement'

2023-11-29 10:41:03

29 nov 2023 om 10:21 Update: 2 minuten geleden

Asylum seekers are indeed allowed to work longer than the 24 weeks that the Netherlands now allows. The so-called ’24 week requirement’ thwarts access to the labor market, the Council of State ruled on Wednesday.

In the Netherlands, asylum seekers are currently allowed to work a maximum of 24 weeks per year. This should prevent them from becoming entitled to unemployment benefits if, for example, their asylum application is rejected.

But the European Reception Directive states that asylum seekers must have access to the labor market. Countries may impose conditions on this. The Netherlands has done this, among other things, with the 24-week requirement.

The question was whether that was correct. Nigerian asylum seeker Elvis therefore went to court at the beginning of this year. He wanted to continue working at a slaughterhouse in Harderwijk. His employer was also keen to grant him a permit.

The court in Arnhem ruled in favor of Elvis: the 24-week requirement “unnecessarily” limited his access to the labor market. This would also mean that all asylum seekers would be allowed to continue working after those 24 weeks.

UWV immediately adjusts permits

The 24-week requirement is the biggest obstacle for asylum seekers to the labor market, researchers concluded Regional plan earlier this year. According to non-profit organization Refugee Connect, which assisted Elvis, the Unemployment Act already states that someone who does not live in the Netherlands is not entitled to unemployment benefits.

UWV is satisfied with the ruling: “It provides clarity for all asylum seekers and employers,” says a spokesperson. The implementing organization had already prepared for this outcome and said it will immediately start adjusting 24-week work permits. “The new policy takes effect immediately today.”

The Council for Refugees is “delighted” about the ruling of the Council of State. “Asylum seekers are very motivated to get started, especially now that they are staying in shelters for a long time,” the organization writes in a response. “It promotes integration, is good for self-esteem and due to the tightness on the labor market, employers are desperate for workers.”

The employers’ organization AWVN also agrees: “We have a major problem on the labor market. All measures against the staff shortage are welcome,” says a spokesperson.