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According to the highest court in administrative law, the current fine policy for an employer who employs foreign nationals without proper work authorization is unreasonable.

The reasoning behind the judgment is that the current policy does not distinguish between stubborn and intentionally violating employers and other employers. The minister of Social Affairs and Employment has to change the policy.

The judgment from the Council of State orders the minister to create a system with different amounts of fines for different categories of employers. As long as the policy has not been changed, the minister has to use the old amount for a fine of € 8.000,-.

The judgement of the Council of State (in Dutch)

For more information, please contact Bram van Mellef or Eline van Deijck.

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