The Council of State has decided in a decision that transcends the case, which is therefore also applicable to other cases, that the standard fine for violation of the Foreign Nationals (Employment) Act (Wav) is unreasonable.

Until now, the Netherlands Labour Authority imposes a hefty fine as standard in the event of violations, and makes no distinction in the degree of culpability of the employer. The Council of State now rules that 100% of the fine may only be imposed in the event of intentional violations, but if there is no intent, the fine must be reduced. In the case of violations involving gross negligence, 75% of the standard fine should be assumed, if there is no intent or gross negligence, 50% of the standard fine, and 25% of the standard fine in the event of reduced culpability. This also applies to all ongoing fine cases, in any case until the Netherlands Labour Authority comes up with a new fine policy, in which this distinction in culpability is made.

With this decision, a position already advocated by lawyer Erik Scheers in many cases has become the standard. Since this also applies to other Wav fine cases, it is very worthwhile to submit this argument in ongoing procedures, or in cases where an objection or appeal is still possible, where the strict standard of intent does not apply and this has not been taken into account in the amount of the fine.

Erik Scheers is happy to make this assessment and possibly take over the current correspondence with the Netherlands Labour Authority, court or Council of State. You can contact Scheers Advocatuur for this.