How important is it to check a work permit?

26 februari 2019

Any employer is obligated to apply for a work permit (or employment permit) for any foreign employees who don’t have free access to the job market in the Netherlands. Employers don’t always grasp the importance of this document, even though it is mandatory to apply for it before an employee can take up their position for any length of time.

Any employer is obligated to apply for a work permit (or employment permit) for any foreign employees who don’t have free access to the job market in the Netherlands. Employers don’t always grasp the importance of this document, even though it is mandatory to apply for it before an employee can take up their position for any length of time.

A thorough ‘Right to Work’ check is essential to ensure that an employee has secured all the appropriate rights to enter into service. If your organisation fails to do so, you could run into serious trouble when the Inspectorate SZW (the supervisory branch of the Ministry of Social Affairs and Employment) stops by.

 

Employing illegal workers

The potential penalty per illegal employee can be quite severe. For any foreign national you employ to work in the Netherlands without the appropriate work permit, the first fine amounts to €8,000. This includes foreigners who aren’t in the possession of a combined Single Permit for work and residence in the EU. For repeat violations of the same or similar issue under the WAV (Wet Arbeid Vreemdelingen, or Foreign Nationals Employment Act) within a 5 year period, the fine can be raised by 50%, 100%, or even 200%.

 

Significant fines

Put into practice, this has frequently led to problems. At the end of 2018, a transport company in Limburg was fined €160,000 for employing twenty foreign nationals without work permits. That meant the employer was in violation of the WAV. The Romanian sister organisation, which supplied the Romanian workers, was also fined.


Right To Work Check

It is both essential to the company as well as the employee to obtain a valid work permit. A comprehensive Right to Work check by DataChecker will ensure that an individual has the right to legally start working. We offer RTW checks starting at €0.50.

I want to run a RTW Check