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Inspectie SZW [Social Affairs and Employment Inspectorate] penalty fines
The Inspectie SZW [Social Affairs and Employment Inspectorate] checks whether employers and employees are in compliance with the various laws, decisions and regulations concerning employment. This includes, for example, the Wet Minimumloon en Minimumvakantiebijslag [Minimum Wage and Minimum Holiday Allowance Act] and the Arbeidstijdenwet [Working Hours Act].
If the rules are violated, the Social Affairs and Employment Inspectorate can take enforcement action. The Inspectorate uses a mix of instruments to do this, such as warnings, fines and shutdowns.
What is the chance the Inspectorate will visit your company? Companies that demonstrate better compliance with legislation than their colleagues in another sector have less chance of an inspection. However, employees can also submit an (anonymous) report or request to the Inspectorate. In addition, the parties to a collective labour agreement can report non-compliance with the collective labour agreement provisions and request a supporting investigation by the Social Affairs and Employment Inspectorate.
It is important to respond quickly and adequately to information requests from the Social Affairs and Employment Inspectorate, because a very strict enforcement policy is applied. De Haij & Van der Wende Advocaten can provide you with all the guidance you need during an investigation by the Social Affairs and Employment Inspectorate, and they can answer any questions you may get from them. We also have experience in objection procedures and appeal procedures to contest any fines that may be forthcoming.