A fine or penalty may be imposed if the Inspectorate SZW finds that one or more violations were committed or that a previously established violation has not been lifted. The procedure that follows is specified below.
The inspector will draft a fine report when he or she wants to issue you a fine. This report will state which violations you committed according to the inspector. As required, the inspector will hear your side and will include your statement in the report. Once the fine report is ready, the inspector will send it to the Inspectorate SZW's Administrative Fines, Penalties and Debt Recovery Department (BDI). You will receive a copy of the fine report at the same time.
The fine report is assessed at the BDI. If the violation has been confirmed according to the BDI, you will receive a fine notification. This notification states the intention to impose a fine, the intended fine amount and a description of the violation. A ‘standard fine amount’ has been established for each type of violation. The standard fine amount is used as the starting point when determining the fine amount.
You can reply to the fine notification, within two weeks, by submitting your response. In your response, you may, for example, indicate why you disagree with the fine, that the violation is not culpable, in your opinion, or that you are unable to pay the fine. The fine may be reduced in certain situations, like when a reduced degree of culpability applies or when other circumstances warrant a lower fine amount. Failure to submit a response will not hold any further consequences for your entitlement to file an objection or to appeal the decision.
Decision imposing a fine
You will receive a decision imposing a fine shortly after the deadline for submission of your response has lapsed. This decision will state whether or not a fine will be imposed, along with the fine amount. If you have submitted a response, such response will be taken into consideration in the decision imposing a fine. This may alter the intention to impose a fine or may result in a lower fine amount. You may object to the fine. However, you must pay the fine immediately after the decision imposing a fine has been issued (refer to the Payment section at the bottom of this page). Filing an objection or appealing the decision will not suspend the payment obligation.
Filing an objection
If you disagree, you may file an objection. You must file your notice of objection within 6 weeks of the date of the decision imposing a fine, addressed to:
The Minister of Social Affairs and Employment
Attn. Directie Wetgeving, Bestuurlijke en Juridische Aangelegenheden (Legislation, Administrative and Legal Matters Directorate)
Bureau Ondersteuning (Support Office)
PO Box 90801
2509 LV The Hague
You may also send your notice of objection by email. In that case, you must send the notice of objection as an email attachment in PDF format. This attachment must include a scanned 'genuine' signature. This means that the notice of objection must be signed manually before being scanned and saved in PDF format.
This email with attachment should be sent to: email@example.com
The decision imposing a fine will be reconsidered in the decision following your objection. The new decision may conclude that the fine will be unaltered, reduced or revoked entirely. You can appeal the decision to your objection with the Administrative Court. However, you must pay the fine immediately (refer to the Payment section at the bottom of this page).
Appeal to the Court
Has your objection been turned down? If you do not agree with the decision, you may file an appeal with the court's Administrative Law Department. You must file your appeal within 6 weeks of the date on which the decision to your objection was served to you. The decision will state which Court you can file your appeal with. You will be required to pay 'court fees' for this. You can visit the website rechtspraak.nl for the actual court fee amounts.
Appeal with the Council of State
What if you don't agree with the Administrative Court's ruling? In that case, you can file an appeal with the Administrative Jurisdiction Division of the Council of State (raadvanstate.nl). You must file this appeal within 6 weeks of the date on which the decision for your appeal was handed down. You will also be required to pay 'court fees' for this.
If you have been issued a fine, your fine must be paid to the bank account of the Central Fine Collection Agency (CJIB) before the due date. The account number is stated on the giro collection form that the CJIB will have sent to you a few days after the decision imposing a fine.
Warning! take your bank's transfer processing time into account.
If the fine amount has not been posted to the CJIB’s account by the due date, you will receive a demand for payment. The fine will then be increased with the costs related to this demand. The CJIB will enlist a bailiff's services and you will be responsible for the associated costs if the fine is not paid after the payment demand. The full remaining fine amount will then become due immediately and any right to payment in instalments will lapse.
If you can't pay the fine immediately, you might be able to make a payment arrangement under certain conditions. When you submit your response, you can already inform us if you can't pay the fine immediately or in full. You can also make a payment arrangement after you receive the decision imposing a fine. You must apply for this arrangement within 2 weeks after the date of the decision imposing the fine.