labour inspection | work permit | expat | sanction

Everaert advocaten - immigration lawyers

Penalties for non-compliance

An employer may only employ a foreign recruited employee once they have acquired a work permit (tewerkstellingsvergunning) for said employee. In order to qualify for such a permit, employers must meet a series of requirements. Our lawyers will gladly advise you about the possibilities regarding overseas recruitment. Naturally, we can also assist in applying for the permit as well.

If an employer hires someone from outside of Europe, and does not have a work permit for them, the Labour Inspection will apply hefty fines. It is of no consequence whether an employment relationship exists. For companies the fine is €8,000, for sole entrepreneurs and or individuals, €4,000, per infraction. Fines are also applicable when the relevant administrative personnel records are not in order.

When threatened with a fine by the Labour Inspectorate Everaert Advocaten can assist in presenting your own point of view. In the case of the application of a fine, we can assist in filing your objection and provide legal support in the courts. Everaert Advocaten has regularly successfully argued on behalf of its clients. For additional information please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Limiting the broad concept of ‘employment’

For years, the Foreign nationals employment Act (Wav) has enjoyed a very broad concept of ‘employment’. The Labour Inspection and the courts often refer to the legislative history in which a broad understanding of ‘employment’ was established in order to counteract sham constructions and to limit the burden of proof for enforcement. Employers, for example, who would never be regarded as an employer by labour law are regularly fined. Whether there is a contract, authority or salary is irrelevant, thus making an entire range of employers (clients, contractors and all subcontractors) subject to fines.

Admission of Freelance Creatives

Point based system Since the beginning of 2008 admission of freelancers in the creative and design field has been made on the basis of a point system. A freelancer must score a minimum of 90 points in order to be allowed entry into the Netherlands. This is assessed by ‘“AgentschapNL‘ (an agency within the Ministry of Economic Affairs). Points are accumulated in the categories: ’personal experience’, ’business plan’ and ’added value for the Netherlands’. There are a possible 100 points per category and a minimum of 30 points per category is ultimately re-quired in order to gain entry.

Provisional ruling in Alien’s Employment Act fines: suspension of payment obligations

In two legal decisions the judge ruled that the penalty fines would be suspended because the persons that were considered to be employers would find themselves in an emergency financial situation by paying the (instalments of) the fine.

As of 1 January 2012 new salary requirement for highly skilled migrants

Highly skilled migrants must satisfy a salary requirement. This requirement is amended each year, starting January 1st. For 2012, the following amounts are in place: Highly skilled migrants from the age of 30: € 51.239 Highly skilled migrants younger than 30: € 37.575 Students graduated in the Netherlands: € 26.931

Changes in the Dutch 30% tax ruling starting 1 January 2012

The budget of the Dutch government for 2012 includes a bill introducing important changes to the 30% tax benefit ruling of the Dutch Finance Department. The changes represent important restrictions for budgetary reasons. The good news is for young foreign PhD students graduating in the Netherlands.

Pilot for short stay as a highly skilled migrant starting January 1

Starting 1 January 2012, companies registered with the Dutch Immigration Department for hiring highly skilled migrants ('kennismigranten") will also be facilitated in obtaining UWV work permits for work assignments up to 90 days.

Wealthy Immigrants Welcome

Wealthy immigrants, read carefully. With the Modern Migration Policy Act the possibilities of taking up residency in the Netherlands will increase. Pursuant to a new paragraph in the Dutch Aliens Act wealthy aliens may acquire a residence permit to retire in the Netherlands.

Voorstel aanpassing hervorming 30% regeling

There are no translations available.Staatssecretaris Weekers heeft besloten tegemoet te komen aan de kritiek op de voorgestelde hervorming van de 30% regeling.

Introduction of ‘Market Conformity Test’

On 19 June 2011, the ‘market-conformity test’ was introduced. With this test, IND has the possibility to refuse a highly skilled migrant the regular residence permit if the salary agreed is not in line with market conditions.

Fees for entry clearance visa and residence permits to rise as of 1 July 2011

The fees for applications that enable foreign nationals to work or study in the Netherlands or to form or reunite a family will go up on 1 July. According to the coalition agreement the fees have to be as cost-effective as possible.

CONTACT

You can contact us by telephone or email to make an appointment with one of our lawyers: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or phone +31 (0)20 7523200.