The Foreign Nationals (Employment) Act (“Wet arbeid vreemdelingen” in Dutch) may result in complex discussions and substantial penalties.
Many companies may be tempted to employ foreign workers for unskilled labour. But be careful; in some cases, a work permit will be required. The rules and regulations are complicated. The Administrative Law Division of the Council of State (“Raad van State” in Dutch) regularly passes judgement on substantial penalties imposed by the Dutch Ministry of Social Affairs and Employment. The Council of State may test the decision of the minister against the policy of the ministry without restraint. Are they employees, or are they self-employed after all? Is a permit required for employees of this nationality? Would there be a reason for reducing the penalty? The judge will evaluate the decision of the minister in full. On 20 February 2013, the Council of State issued a press release about Turkish employees. Could they possibly work in the Netherlands without a work permit? The Council of State put that question to Europe.
For further information, please contact Ms Gina Kamsma LLM.