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As undocumented migrant, you are not allowed to work. However, if you do work, you still have rights as a worker: right to fair pay, right to be paid when you are sick, right to paid holiday.

Without residence permit no right to work Undocumented migrants are not allowed to work in the Netherlands, not even voluntary work.1  The employer has to check your ID before employing you. You have to carry your ID always with you while you work. The employer has to keep a copy of your ID during the time you work for him.2 If you work as a private person for another private person for no more than 3 days a week, your work is covered by the rule Dienstverlening aan Huis. In that case, your employer has no reporting obligation but the employee himself has to inform the tax office about his or her income.3  Nevertheless, also in these cases it is not alowed to employ somebody without residence permit. Risks for the employer If you work as undocumented migrant, be it as employee or service provider, your employer or your client can be penalized if this is discovered. It does not matter whether the undocumented employee is working as volunteer or gets paid. Penalties for the employer are € 8.000,- per undocumented worker, € 4.000 for an employee in an non-profit organisation, or € 2.000 for each domestic worker.4

Labour rights valid for workers without residence permit
The legal rights and the rights granted by the CAO [Dutch Collectieve ArbeidsOvereenkomst, collective employment agreement] apply to everyone who works. This agreement describes the terms of employment in particular sectors of industry. For example the law stipulates the minimum wage, the minimum number of days off and the right to employment protection.

The following rules apply if you offer services to private persons as a private person, for instance as a cleaner: the right to the minimum wage, four weeks holiday and 6 weeks continuation of pay in case of illness.1

How to claim labour rights
To exercise your labour rights, it is necessary to show your work relationship. This can be a written labour agreement, but other evidence is valid as well such as job sheets or statements given by colleagues. If you can prove that you worked for the same employer during 3 months, each week or at least 20 hours per month, it is assumed that you are in permanent employment.2  Employers are obliged to pay your wage according to the corresponding CAO, during illness, and during holidays.

If you have been caught by the authorities doing illegal work you are always entitled to claim overdue wages. If there is proof of an employment agreement, it is assumed that the employment lasted for at least 6 months. In that case you can claim 6 months overdue payment.3

If there is severe exploitation in the work place (human trafficking) it is important that you report the offence. In many cases you can benefit from the special rights that apply to people who report cases of human trafficking. Fairwork and Comensha provide support to people who report cases of human trafficking.

Joining a union
Even people without a residence permit can join a trade union. FNV Bondgenoten [Allies] has a special unit for cleaners without residence permits, ‘domestic workers’. This unit lobbies for workers and residence rights of undocumented domestic workers. See here: https://fnvmdw.com/