What happens in the case of non-compliance with the WagwEU?
If the employer abroad does not comply with the applicable labour laws, the Inspectorate SZW may impose a fine.
If the ‘hard-core’ provisions from the applicable collective agreement are not observed, employees may still lay claim to them. To demand compliance, they may turn to the unions.
If the duty to notify is not observed, a fine may be imposed on the employer abroad, the self-employed person with a duty to notify and the service recipient. The employer abroad and the self-employed person with a duty to notify can also be given a fine if they do not observe the administrative obligations, such as not complying with the information obligation or not having the necessary documents available in the workplace.
The following fines may be imposed:
| Offence | By whom | Standard fine | |
|---|---|---|---|
| Non-compliance with duty to notify | Employer abroad | 1 to 10 posted workers | 1,500 Euros |
| 10 to 19 posted workers | 3,000 Euros | ||
| More than 20 posted workers | 4,500 Euros | ||
| Self-employed person with a duty to notify | 750 Euros | ||
| Necessary documents not available at the workplace | Employers abroad | 8,000 Euros | |
| Self-employed person with a duty to notify | 4,000 Euros | ||
| Notification not reviewed | Service recipient | Business | 1,500 Euros |
| Natural person | 750 Euros | ||
| Non-compliance with information obligation | Employer abroad | 6,000 Euros | |
| Self-employed person with a duty to notify | 3,000 Euros |
The amounts in the table are ‘standard fines’, which can be raised or lowered depending on the situation in which the offence was committed. In the Beleidsregel boeteoplegging Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie, you will find the amounts of all the fines. It also includes situations whereby the fine is raised by 50% and situations whereby the fine may be mitigated (=lowered) by 25%, 50% or 75%.
No fines will be imposed, in principle, on offences regarding the duty to notify that were committed before 1 September 2020. This gave employers abroad, self-employed persons and service recipients some time to become familiar with the duty to notify, which came into force on 1 March 2020.
The period until 1 September 2020 does not apply to notifications that had to be made up to 1 March 2020 on the grounds of the Foreign Nationals (Employment) Act Implementation Decree (BuWav). This concerns mainly the continuation of an existing duty to notify.