In The Netherlands, a foreign recruited employee must be work authorized through a work permit (tewerkstellingsvergunning) which should be obtained by his employer prior to the start of work. To qualify for a work permit, an employer must meet a series of requirements. Our lawyers render expert advise about all options for overseas recruitment and will happily assist with applying for a Dutch work permit or another type of permit resulting in work authorization.
The Dutch work permit requirements are enforced by the Inspectorate SZW (the former Labour Inspectorate) and applies hefty fines irrespective of whether a legal employment relationship exists.
In 2013, the fine for companies is €12,000 for each illegal employee; for sole entrepreneurs or individuals, the amount fined is €6,000. Fines of € 2.250 are incurred if copies of the foreign employee’s personal documents are not or not correctly kept in the personnel records of the employee.
Once a fine is announced by the Inspectorate SZW, Everaert Advocaten can represent your company or business in the adjudicating phase by attending and assisting at the hearings of the Inspectorate. Once a fine has been imposed, we typically provide litigation support in administrative and court proceedings including the Dutch Council of State as the last national resort. In this, the lawyers of Everaert Advocaten have a reputation of being successful.
For additional information please contact Erik Scheers.