How is the Act enforced?

The Inspectorate SZW monitors the WagwEU and compliance with Dutch labour legislation. In the case of an offence, the Inspectorate SZW may impose a fine, for example if less than the Dutch minimum wage is paid. The social partners monitor compliance with the collective agreement conditions.

If an inspection of the workplace or a check on other information held by the Inspectorate SZW reveals that the posting of foreign workers or self-employed persons with a duty to notify has not been correctly notified, or that another administrative obligation has not been complied with, then an administrative fine may be imposed on the employer, the self-employed person and/or the service recipient.

The enforcement guidelines and the WagwEU also include additional measures to ensure that the ‘hard core’ of the terms of employment can be enforced more adequately. For example, inspection services from the member states can exchange information with each other and imposed fines can be collected across the border.