As of 1 July 2015, the long-awaited amended Policy Rules on the imposition of fines in Foreign Nationals (Employment) Act 2015 entered into force. For many employers who are (or may be) confronted with fines under this Act, the contents will be disappointing. Previous promises made by the Minister of Social Affairs and Employment are not reflected in the new fine rules. Neither the promised warning (instead of a fine) for first offender employers, nor the more detailed elaboration from the criteria for the interpretation of the concept of ‘proportionality’ have been incorporated in the rules. This means that all companies that allow one foreign national to work without a work permit will be fined EUR 12,000. It is irrelevant whether this is a first-time offence, whether wages have been paid and contributions paid or whether the FNA has been knowingly breached. This continues the existing policy rules of the Minister of Social Affairs and Employment since 2005.
The full blog post is written in Dutch.
Date: 17 September 2015
Author: Christien Saris