After several fines for violation of the Foreign Nationals (Employment) Act (Wav) had been imposed from 2018, a client of Scheers Advocatuur received an intention from the Labour Inspectorate to preventively shut down his company. In the opinion of Scheers Advocatuur however, the first fine imposed in 2018 should not have been imposed. After all, the person who had performed work already had the right to perform work by the directly effective EU law. This work was therefore not illegal and not in violation of the Wav. However, this client had never objected to the fines imposed, because it was thought that this would make no sense.

Despite the fact that no legal remedies were invoked at that time against this fine and also against the fines imposed later and those fines had been established, the Inspectorate SZW agrees with Scheers Advocatuur. The Inspectorate SZW concludes that the first fine should not have been imposed and that it will be reimbursed. For that reason, the increase in fines for recidivism will also be reversed and reimbursed, for a total of €64,000. Furthermore, the preventive shutdown is waived.

Where in the past fine decisions were adhered to that are legally untouchable, even if it later transpires that the fine had been wrongly imposed, it has now been decided to also review irrevocable fines in that case. Very important for the sense of justice. This is to be welcomed and hopefully points to a line that will be continued in the future.

If you have questions about Wav fines, receiving advice and litigating against these fines, please contact Scheers Advocatuur.