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Work that consist of installation and software implementation for a client in the Netherlands that is developed abroad is exempted from the work permit requirement in case the work has a duration of less than 12 consecutive weeks in a period of 36 weeks.
The maximum of 12 weeks is considered ‘incidental’ work. The legislator has clarified the definition of ‘incidental’. Per 1 September 2020 is added to the existing regulation that in case a foreign worker is replaced by another worker that is doing the same or similar work, on the same location, the total period these foreign workers have worked is taken together. In case their total work is longer than 12 weeks. This is no longer considered as incidental and a work permit is required.
The legislator’s intention with this amendment is to avoid that companies using a rotation scheme of 12 weeks for workers to work in the Netherlands without a work permit.