Private servants - NL Host Nation
7. Private servants
7.1 General information
This chapter outlines the Dutch policy on private servants of staff members of diplomatic missions and consular posts. Private servants are individuals in the service of persons who have been granted the privileges and immunities of diplomatic staff with AD status.
7.2 Employing private servants
Scope for employing private servants Staff members of diplomatic missions who are not Dutch nationals or permanent residents and who have been accorded the same privileges and immunities as heads of mission on the basis of the Vienna Convention on Diplomatic Relations are permitted to employ a maximum of three private servants.
Staff members of diplomatic missions who are not Dutch nationals or permanent residents and who have been accorded the same privileges and immunities as diplomatic agents (AD status) on the basis of the Vienna Convention on Diplomatic Relations may employ one private servant. No other staff members of diplomatic missions are allowed to employ a private servant.
Staff members of consular posts who are not Dutch nationals or permanent residents and who have been accorded the same privileges and immunities as consular agents (AC status) on the basis of the Vienna Convention on Consular Relations may employ one private servant. No other staff members of consular posts are allowed to employ a private servant.
No family member or relative by blood or marriage up to the fourth degree of kinship as defined in Dutch law (that is, no parent, child, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, great-grandparent, great-grandchild, great-great-grandparent, great-great-grandchild, great-aunt, great-uncle, great-niece, great-nephew or first cousin) of a staff member or of a staff member’s spouse may be employed as a private servant.
A private servant is not allowed to be accompanied by family members.
Privileged persons who submit a request for a private servant must ensure that the above mentioned conditions are satisfied for the entire duration of the private servant’s stay in the Netherlands and that the private servant leaves the Schengen area once their contract has ended.
In cases where irregularities arise in this regard, the Ministry of Foreign Affairs will withhold approval of any new requests for private servants by the privileged person or the latter’s successor.
Work permit for private servants
Employers of private servants are exempt from the requirement to obtain a work permit for their private servant(s).
Private servants may not be employed by a person other than the one whose name is stated in the employment contract. This restriction is indicated on the back of the servant’s identity card.
Tax status of private servants
Private servants are exempt from taxes on their earnings from employment, provided that they are neither Dutch nationals nor permanent residents in the Netherlands.
Social security status of private servants
Private servants are exempt from the obligation to pay social insurance contributions, provided that they are covered by the social security regulations of their home country or of a third country. Their coverage must be established by means of a declaration drawn up by the authorities of the country where the private servant is insured. The social security system must be a legally enacted national system. Social security systems involving private companies are not accepted as a legitimate alternative. An employer who employs a private servant who is not covered by the social security system of their home country or a third country must comply with the obligations which Dutch social security provisions impose on employers, and must register as an employer with the Tax and Customs Administration, see: Melding Loonheffingen Werkgever van personeel aan huis or belastingdienst themaoverstijgend
7.3 Admission of private servants
Before private servants from a country whose nationals require a visa for the Netherlands may enter the country, they must apply for a visa at a Dutch diplomatic mission or consular post in their country of origin or of habitual residence. If there is no Dutch diplomatic mission or consular post in their country of origin or of habitual residence, their employers are requested to send an email to the Short Stay Visa Service of the Immigration and Naturalisation Service (IND), which falls under the Ministry of Justice and Security (email address: visa.posten@ind.nl). The Short Stay Visa Service provides advice on visa issues on a case-by-case basis.
Please bear in mind that processing a visa application can take up to four weeks, as it is sometimes necessary to consult one or more of the other Schengen countries.
Before the visa application is submitted to the Dutch diplomatic mission or consular post, the mission must report the private servant’s appointment to the Protocol Department of the Ministry of Foreign Affairs by means of a Note Verbale. The Note Verbale should include the following details:
The Protocol Department will determine whether the servant and the employer have complied with the conditions and notify the Short Stay Visa Service of the Immigration and Naturalisation Service (IND), which falls under the Ministry of Justice and Security.
7.4 Registration of private servants
The diplomatic mission or consular post for which the employer works must register the private servant with the Protocol Department of the Ministry of Foreign Affairs within ten working days of the servant’s arrival in the Netherlands through the ePortal.
7.5 Identity card for private servants
The validity of a private servant’s identity card is linked to the validity of the employer’s identity card. The card will initially be issued twice for six months and afterwards for a maximum period of one year, unless the contract with the employer has a shorter duration. The identity card issued to private servants bears the code PD (if the employer is a diplomatic agent) or PC (if the employer is a consular agent).
Private servants are expected to collect their cards (with a valid ID) in person from the Ministry’s Protocol Department, located at Rijnstraat 8, 2515 XP The Hague, after receiving notification that it is ready for collection.
7.6 Mandatory provisions of Dutch employment legislation
It is imperative that the terms and conditions of employment comply with the mandatory provisions of Dutch employment legislation. The employer and employee may opt for the applicability of a foreign legal system as the basis of an employment contract, but even then the contract should contain the mandatory provisions of Dutch legislation.
Mandatory provisions of Dutch employment legislation include the following:
7.7 Mandatory bank account
As of 1 June 2015, employers are obliged to pay a private servant’s salary into a Dutch bank account (or a bank account in another EU country) held by the private servant. Newly registered private servants must produce proof of existence of a personal bank account within 90 days of their registration with the Ministry. The agreed salary must be paid into this account by the employer on a monthly basis. Cash payment of salaries is not permitted. The Ministry reserves the right to request private servants to provide bank statements for verification purposes.
7.8 Health insurance for private servants
Private servants registered in the Dutch social insurance system must take out standard health insurance. Private servants not registered in the Dutch social insurance system cannot be insured under the national medical insurance scheme (ziektekostenverzekering) but must take out an expatriate health insurance policy.
If an insurer requires proof of registration in the Netherlands before issuing the policy, the Ministry can send a copy of the identity card. If a private servant collects the identity card from the Ministry, the card will only be issued after a copy of the insurance policy has been submitted.
Employers can register private servants who fall under the Dutch social security system, with the Dutch Tax and Customs Administration through the following link: Melding Loonheffingen
The completed form should be sent to the server mailbox: Haaglanden.CB_IFB@belastingdienst.nl,
instead of the address mentioned on the form.
7.9 Duration of the work contract
A private servant’s right to stay in the Netherlands depends on the existence of a valid employment contract with a privileged person as employer. Private servants are not allowed to change jobs in the Netherlands. The servant must leave the Netherlands in the following circumstances:
7.10 Departure of the private servant
Privileged employers, at whose request the private servant has been granted entry to the Netherlands, are responsible for the final departure of their private servants from the Schengen area, except in those cases where the private servant is a national of an EU member state. The Ministry of Foreign Affairs expects the employer to:
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This chapter outlines the Dutch policy on private servants of staff members of diplomatic missions and consular posts. Private servants are individuals in the service of persons who have been granted the privileges and immunities of diplomatic staff with AD status.
7.2 Employing private servants
Scope for employing private servants Staff members of diplomatic missions who are not Dutch nationals or permanent residents and who have been accorded the same privileges and immunities as heads of mission on the basis of the Vienna Convention on Diplomatic Relations are permitted to employ a maximum of three private servants.
Staff members of diplomatic missions who are not Dutch nationals or permanent residents and who have been accorded the same privileges and immunities as diplomatic agents (AD status) on the basis of the Vienna Convention on Diplomatic Relations may employ one private servant. No other staff members of diplomatic missions are allowed to employ a private servant.
Staff members of consular posts who are not Dutch nationals or permanent residents and who have been accorded the same privileges and immunities as consular agents (AC status) on the basis of the Vienna Convention on Consular Relations may employ one private servant. No other staff members of consular posts are allowed to employ a private servant.
No family member or relative by blood or marriage up to the fourth degree of kinship as defined in Dutch law (that is, no parent, child, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, great-grandparent, great-grandchild, great-great-grandparent, great-great-grandchild, great-aunt, great-uncle, great-niece, great-nephew or first cousin) of a staff member or of a staff member’s spouse may be employed as a private servant.
A private servant is not allowed to be accompanied by family members.
Privileged persons who submit a request for a private servant must ensure that the above mentioned conditions are satisfied for the entire duration of the private servant’s stay in the Netherlands and that the private servant leaves the Schengen area once their contract has ended.
In cases where irregularities arise in this regard, the Ministry of Foreign Affairs will withhold approval of any new requests for private servants by the privileged person or the latter’s successor.
Work permit for private servants
Employers of private servants are exempt from the requirement to obtain a work permit for their private servant(s).
Private servants may not be employed by a person other than the one whose name is stated in the employment contract. This restriction is indicated on the back of the servant’s identity card.
Tax status of private servants
Private servants are exempt from taxes on their earnings from employment, provided that they are neither Dutch nationals nor permanent residents in the Netherlands.
Social security status of private servants
Private servants are exempt from the obligation to pay social insurance contributions, provided that they are covered by the social security regulations of their home country or of a third country. Their coverage must be established by means of a declaration drawn up by the authorities of the country where the private servant is insured. The social security system must be a legally enacted national system. Social security systems involving private companies are not accepted as a legitimate alternative. An employer who employs a private servant who is not covered by the social security system of their home country or a third country must comply with the obligations which Dutch social security provisions impose on employers, and must register as an employer with the Tax and Customs Administration, see: Melding Loonheffingen Werkgever van personeel aan huis or belastingdienst themaoverstijgend
7.3 Admission of private servants
Before private servants from a country whose nationals require a visa for the Netherlands may enter the country, they must apply for a visa at a Dutch diplomatic mission or consular post in their country of origin or of habitual residence. If there is no Dutch diplomatic mission or consular post in their country of origin or of habitual residence, their employers are requested to send an email to the Short Stay Visa Service of the Immigration and Naturalisation Service (IND), which falls under the Ministry of Justice and Security (email address: visa.posten@ind.nl). The Short Stay Visa Service provides advice on visa issues on a case-by-case basis.
Please bear in mind that processing a visa application can take up to four weeks, as it is sometimes necessary to consult one or more of the other Schengen countries.
Before the visa application is submitted to the Dutch diplomatic mission or consular post, the mission must report the private servant’s appointment to the Protocol Department of the Ministry of Foreign Affairs by means of a Note Verbale. The Note Verbale should include the following details:
- the personal details (name, date and place of birth and nationality) of the private servant;
- their passport number and passport expiration date;
- the employer’s name and the position the employer holds at the diplomatic mission or consular post;
- a copy of the servant’s full-time employment contract;
- a declaration in which the employer guarantees to take full responsibility for the servant and pay all costs that may arise during the period in which the private servant resides in the Netherlands, plus any repatriation costs;
- if the private servant is covered by the social security regulations of their own country or of a third country, a statement to this effect by the authorities of their own country or of the third country;
- in cases where the private servant is not covered by the social security regulations of their home country or a third country: evidence that the employer is registered with the tax authorities in the Netherlands as the servant’s employer;
- the starting date and duration of the servant’s employment contract;
- private servants of persons who are themselves employed by a member of a diplomatic mission do not benefit under the permit free arrangements and therefore require work permits and have to follow Dutch regulations (see section 7.6).
The Protocol Department will determine whether the servant and the employer have complied with the conditions and notify the Short Stay Visa Service of the Immigration and Naturalisation Service (IND), which falls under the Ministry of Justice and Security.
7.4 Registration of private servants
The diplomatic mission or consular post for which the employer works must register the private servant with the Protocol Department of the Ministry of Foreign Affairs within ten working days of the servant’s arrival in the Netherlands through the ePortal.
7.5 Identity card for private servants
The validity of a private servant’s identity card is linked to the validity of the employer’s identity card. The card will initially be issued twice for six months and afterwards for a maximum period of one year, unless the contract with the employer has a shorter duration. The identity card issued to private servants bears the code PD (if the employer is a diplomatic agent) or PC (if the employer is a consular agent).
Private servants are expected to collect their cards (with a valid ID) in person from the Ministry’s Protocol Department, located at Rijnstraat 8, 2515 XP The Hague, after receiving notification that it is ready for collection.
7.6 Mandatory provisions of Dutch employment legislation
It is imperative that the terms and conditions of employment comply with the mandatory provisions of Dutch employment legislation. The employer and employee may opt for the applicability of a foreign legal system as the basis of an employment contract, but even then the contract should contain the mandatory provisions of Dutch legislation.
Mandatory provisions of Dutch employment legislation include the following:
- employees must earn at least the minimum wage and must receive 8% holiday pay, in accordance with Dutch legislation (for the latest update on the minimum wage, please consult the website of the Ministry of Social Affairs and Employment at ammount minimum wage;
- no employment contract may be terminated while the employee is sick or pregnant;
- salaries must be paid in a timely manner;
- different treatment of employees is not permitted; treatment must be on an equal basis, regardless of gender, sexual orientation, religion or political beliefs;
- employees must be given paid leave (a minimum of 20 working days’ leave per year).
7.7 Mandatory bank account
As of 1 June 2015, employers are obliged to pay a private servant’s salary into a Dutch bank account (or a bank account in another EU country) held by the private servant. Newly registered private servants must produce proof of existence of a personal bank account within 90 days of their registration with the Ministry. The agreed salary must be paid into this account by the employer on a monthly basis. Cash payment of salaries is not permitted. The Ministry reserves the right to request private servants to provide bank statements for verification purposes.
7.8 Health insurance for private servants
Private servants registered in the Dutch social insurance system must take out standard health insurance. Private servants not registered in the Dutch social insurance system cannot be insured under the national medical insurance scheme (ziektekostenverzekering) but must take out an expatriate health insurance policy.
If an insurer requires proof of registration in the Netherlands before issuing the policy, the Ministry can send a copy of the identity card. If a private servant collects the identity card from the Ministry, the card will only be issued after a copy of the insurance policy has been submitted.
Employers can register private servants who fall under the Dutch social security system, with the Dutch Tax and Customs Administration through the following link: Melding Loonheffingen
The completed form should be sent to the server mailbox: Haaglanden.CB_IFB@belastingdienst.nl,
instead of the address mentioned on the form.
7.9 Duration of the work contract
A private servant’s right to stay in the Netherlands depends on the existence of a valid employment contract with a privileged person as employer. Private servants are not allowed to change jobs in the Netherlands. The servant must leave the Netherlands in the following circumstances:
- when the employment contract comes to an end or is terminated;
- when the employer’s posting in the Netherlands ends;
- if the employer ceases to be a staff member of the diplomatic mission or consular post;
- if the employer fails to comply with the conditions subject to which they may employ a private servant.
7.10 Departure of the private servant
Privileged employers, at whose request the private servant has been granted entry to the Netherlands, are responsible for the final departure of their private servants from the Schengen area, except in those cases where the private servant is a national of an EU member state. The Ministry of Foreign Affairs expects the employer to:
- ensure that the private servant returns their identity card to the Ministry’s Protocol Department;
- ensure to provide the Ministry with proof of the servant’s arrangements for travel to a non-Schengen country.
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