The au pair-policy for foreign nationals who do not originate from the EU/EEA or Switzerland is stipulated in the Dutch Aliens Act and regulations relating there to. The Implementation Decree of the Foreign Nationals (Employment) Act contains the terms and conditions for the activities that au pairs may carry out in the host family.
An au pair comes to the Netherlands in the context of cultural exchange and stays with a host family for a maximum of 1 year. This person stays in the Netherlands on the basis of an exchange programme of an au pair agency or exchange organisation which has been approved by the IND. The IND has recognised such au pair agency or exchange organisation as a sponsor for the purpose of the au pair's residency. An au pair must be in possession of a residence permit. Only the recognised sponsor can start up the application procedure for a residence permit for the au pair.
As a service in return for the facilities offered by the host family, an au pair may carry out 8 hours of light domestic work for the host family, with a maximum of 30 hours per week. The au pair must have at least 2 days off per week. The daily work routine is laid down in writing by the au pair and the host family. The activities must also be able to be done by someone other than the au pair.
If the au pair and the host family are compliant with the conditions of the Dutch au pair policy, then the au pair does not require a work permit. The host family is not required to pay the au pair the statutory minimum wage for the light supportive domestic work. The host family may pay the au pair a maximum of € 340 pocket money per month.
The au pair and the host family contravene 2 laws if the activities of the EU citizen do not correspond with the au pair policy, being the Aliens Act and the Foreign Nationals (Employment) Act. The IND maintains compliance with the Aliens Act, for instance by revoking the au pair's residence permit. The SZW Inspectorate maintains the Foreign Nationals (Employment) Act and supervises the host family's compliance with this law. If there is paid employment the au pair can file a civil claim via the court. The au pair can then get the due minimum wage paid out.
More information on the Au pair policy for EU citizens can be found on the page Au pair policy for EU/EEA and Swiss citizens.