NETHERLANDS: Court rules that Japanese nationals no longer require any work authorisation

On 24 December 2014, the Dutch High Administrative Court in the Netherlands has ruled in an appeal judgement that Japanese nationals are allowed to legally perform “paid employment” in the Netherlands without the need to secure Dutch work authorisation.

This is an extremely important ruling for the Netherlands it will allow Japanese nationals to work in the Netherlands without a Dutch Work Permit. It will also invalidate several Dutch work and residence permit conditions, including the need for Japanese nationals to obtain Dutch Resident Permits in order to work. This has created a huge freedom of movement for Japanese nationals, who are free to work in the Netherlands, restriction free.

This judgement is based on the Treaty of Commerce and Navigation between Netherlands and Japan of 1913. This Treaty is similar to the Treaty on Friendship, Establishment and Commerce between Netherlands and Switzerland of 1875, whereby Swiss nationals have been allowed to work in the Netherlands without the need for a Dutch Work permit.

In reaching its decision, the Court considered the Treaty of Friendship, Establishment and Commerce between Netherlands and Switzerland and ruled that the same principles in the Swiss-Netherlands treaty should be applied to the Treaty of Commerce and Navigation between Netherlands and Japan. Therefore, Japanese nationals should no longer be subject to Dutch Work Authorization when taking up employment in the Netherlands.

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