On 28 April 2025, the District Court of The Hague ruled on the question of whether the revocation of a highly skilled migrant permit by the IND could constitute urgent cause for summary dismissal by an employer, in this case a temporary employment agency.
What was going on?
The employee in this case came to the Netherlands from Turkey to work as a head chef through a temporary employment agency on the basis of a highly skilled migrant permit. Strict conditions apply to this scheme, including a minimum salary threshold. In our previous blog on the special status of highly skilled migrants, we discussed these conditions in greater detail.
Although the employment agency had stated in the application (for renewal) of the residence permit that the employee would be working as a head chef on a salary that met the salary standard, the reality turned out to be different. The employee mainly worked as a waiter, carried out cleaning duties and performed all sorts of other odd jobs in the restaurant. He also consistently received a salary that was much lower than agreed and than what he should have received as a highly skilled migrant.
The IND discovered via Suwinet – a secure government network used by public authorities to exchange citizens’ income data – that the salary threshold had not been met, and notified the employee that their residence permit was to be revoked. The employee informed the temporary employment agency of this, and shortly afterwards the agency summarily dismissed the employee. The employment agency took the view that it could not be expected to continue the employment relationship. According to the agency, this would contravene the Foreign Nationals (Employment) Act, which stipulates that an employee without a valid residence permit is not permitted to work.
The employee challenged the dismissal in court. He argued that the problems with his residence permit had in fact been caused by the temporary employment agency itself, as the agency had failed to pay him the correct salary and, moreover, had assigned him to work other than that for which the permit had been granted.
What was the ruling of the District Court of The Hague?
The District Court of The Hague ruled in favour of the employee. According to the court, it was established that the temporary employment agency itself was responsible for failing to comply with the conditions of the highly skilled migrant scheme. After all, the agency had paid a salary lower than the amount declared to the IND – notably by the agency itself.
The court therefore ruled that the reason for the withdrawal lay with the employer and not with the employee. There were no grounds for summary dismissal in this case.
Furthermore, the court ruled that the employment agency remained obliged to pay the agreed salary, even after the restaurant had closed and the employee had started performing different duties. The fact that the employee was carrying out less skilled work did not mean that the employer was automatically entitled to pay a lower wage.
The summary dismissal was therefore quashed. The temporary employment agency was also ordered to pay the employee the outstanding wages in accordance with the wage standard, including statutory increases and interest. Furthermore, the agency was required to issue correct payslips and to pay the correct payroll deductions to, amongst others, the Tax and Customs Administration, the UWV and the IND.
What can employers learn from this?
Employers would be well advised to check regularly whether highly skilled migrants within their organisation continue to meet the conditions of their residence permits. One key condition is that the salary must meet the applicable salary standard for highly skilled migrants. If there is a deviation from this, the IND may decide to revoke the residence permit. If that revocation is the result of an act or omission on the part of the employer – such as, in this case, the incorrect payment of salary – the employer cannot subsequently invoke that revocation as grounds for dismissal.
Questions?
Please contact our specialist, Çiğdem Özcan, a solicitor specialising in employment law and labour migration law.
