Share this article
Dutch authorities have provided details on the steps employers must take when pay for a highly skilled migrant drops below the required salary minimum because the migrant is on leave or participating in a strike.
In the Netherlands, Highly Skilled Migrant permit holders can drop below required salary minimums without adverse impacts to their immigration status if they make use of statutory leave, or their right to strike, on the condition that the employer provides notice of the drop in salary in time to the Immigration and Naturalisation Service (IND).
In its recent newsletter, the IND confirmed that this applies to the following types of leave that are specified in the Dutch Work and Care Act (Wet Arbeid en Zorg or WAZO):
The conditions that must be met when an employee makes use of one of the leaves listed above are:
In addition, for leave under the Dutch Work and Care Act, the highly skilled migrant and employer must be able to demonstrate that the migrant is entitled to paid or unpaid leave. In cases involving care leave, the employer and/or migrant must be able to show that the care is necessary. Employers must document the employee’s leave, keep this documentation in their records and be able to produce the records if requested by the IND.
The IND also confirmed in its newsletter that pay for highly skilled migrants can drop below the required salary minimum if the highly skilled migrant exercises his or her right to strike. In such cases, there will be no adverse impacts on residence status on the condition that the employer provides notice of participation in the strike and the impact on the employee’s salary within four weeks. This notice must be provided through the business portal or the required notification form.
Analysis & Comments: Employers should be sure they have the internal procedures in place to meet the conditions listed above. Employers must be sure to document highly skilled migrants’ leave properly and provide records if requested. Deloitte is able to assist employers as needed.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.
H-1B denial rates in fiscal year 2023 increased slightly from FY 2022, according to a National Foundation for American Policy…
Canada has reimposed visa requirements for some Mexican nationals. Key Points: Under a change that took effect Thursday, Feb. 29,…
Featuring Emily M. Dickens, Chief of Staff and Head of Public Affairs, the Society for Human Resource Management (SHRM). Certain…
U.S. Citizenship and Immigration Services is gearing up for H-1B cap season, with new organizational accounts launched today and the…