The Inspectorate SZW checks whether employers and employees comply with the various laws and decrees with regard to labour protection and combating labour market fraud. If the Inspectorate SZW finds violations, she imposes sanctions.
In the event of repeated violations the fines increase considerably. Since the Social Affairs and Employment Stricter Enforcement and Sanctions Act came into force on 1 January 2013, the Inspectorate SZW can also decide to suspend work activities.
Employees can also get a fine
The Inspectorate SZW can immediately impose a penalty for a violation of the Working Conditions Act, the Working Hours Act, the Foreign Nationals (Employment) Act, and the Minimum Wage and Minimum Holiday Allowance Act and the Major Accidents (Risks) Decree 2015. If employees do not comply with the regulations contained for them in the Working Conditions Act or the Foreign Nationals Employment Act, they can also get a fine.
The penalty report contains the violation(s) which you have committed, according to the inspector. If necessary the inspector will hear your explanation and include it in the report.
The Administrative Penalty department of the Inspectorate SZW evaluates the penalty report. If it ascertains that the violation is proven, the penalty is determined. You will subsequently receive a letter containing the intention to impose a penalty on you and a description of the violation. You can respond to this within two weeks, giving your point of view (response). Your response will be evaluated, which may lead to a change in the intention to impose a penalty or to a lower fine. After this you will receive a so-called penalty ruling. This states whether or not you are being imposed a penalty, and if you are, the amount of the fine.