The Aliens Employment Act (Wav) regulates who is allowed to work in the Netherlands and contains the prohibition of illegal employment. Employers who allow a foreign national to perform work without a valid work permit may incur heavy fines. In order to determine who the employer is, an extended concept of employer is used. This means that the person who actually has the foreign national perform work is regarded as the employer, regardless of whether there is an employment contract or an authoritative relationship.
The Inspectorate SZW enforces strictly, particularly in the construction, hospitality and cleaning sectors. But fines are also imposed in other sectors. If you have been fined, we have the in-house expertise to determine whether this fine has been imposed unjustly or whether it should be mitigated. We will object on your behalf and, if necessary, pursue the matter in court. In line with the increased emphasis on compliance, Valegis Advocaten would of course also gladly advise you on how to avoid fines.
Of course, our lawyers can also advise you on enforcement in the area of other employment-related laws, such as:
- Minimum Wage and Minimum Holiday Allowance Act;
- Worker Allocation by Intermediaries Act;
- Working Conditions Act;
- Working Hours Act.