What is the Dutch Labor Market Test?
The Dutch Labor Market Test, known in Dutch as the arbeidsmarkttoets, is a regulatory check performed by UWV to verify that no suitable worker from the Netherlands, the European Union, the European Economic Area, or Switzerland is available for a given vacancy before a non-EU worker can be authorised to fill it. The test is the gating step for both the TWV (work permit only) and the employer side of the GVVA (single permit for residence and work) under the Wet arbeid vreemdelingen (Wav).
The test protects priority access to the Dutch labour market for resident and EU candidates and is a core compliance obligation for employers sponsoring third-country nationals. Octagon's Employer of Record services can run the process on behalf of clients that do not hold IND recognised-sponsor status.
How does the Dutch Labor Market Test work?
The employer must first post the vacancy openly on UWV's werk.nl portal and on at least one comparable channel, which in practice means EURES or a major commercial job board, and actively recruit for a minimum of five weeks. The job description, salary, and working conditions must meet the applicable CLA or Dutch market standard.
After five weeks, the employer submits the TWV or GVVA application to UWV with the full recruitment file: the postings, all applications received, documented reasons for each rejection, and proof that any suitable EU candidate was given a fair assessment. UWV decides within five weeks for a TWV, or within the 90-day statutory window for a GVVA processed jointly with IND. For a detailed walkthrough, see the TWV and GVVA process guide. For the alternative route that avoids the test, see HSM vs TWV route comparison.
Who does the Dutch Labor Market Test apply to?
The test applies to any Dutch employer that wants to hire a third-country national who is not covered by an exemption and whose role falls outside the Highly Skilled Migrant framework. It is most often triggered for operational, hospitality, logistics, agriculture, and skilled-trade roles where salary thresholds for the HSM route are not met.
It also applies to GVVA applications for employees relocating from outside the EU for permanent employment, and to seasonal and short-term assignments not covered by treaty exemptions. Employers must hold a valid KvK registration and a clean record under the Wav to be eligible to sponsor.
When does the Dutch Labor Market Test not apply?
The test does not apply to EU, EEA, and Swiss nationals, who enjoy free movement under Directive 2004/38/EC, nor to their qualifying family members. It also does not apply to Highly Skilled Migrants sponsored by an IND-recognised employer meeting the 2026 salary thresholds. See the HSM visa guide for the recognised-sponsor route.
Further exemptions cover intra-corporate transferees under the ICT Directive, scientific researchers under Directive 2005/71/EC, employees posted under a valid A1 certificate, and certain treaty categories including the Dutch-American Friendship Treaty. The test is also waived for specific UWV category exemptions and where international sanctions or asylum rules provide alternative authorisation.