The following is a reminder in connection with the Inspectorate VSA‘s policy on the employment of illegal/undocumented foreigners.
Dear stakeholders,
By means of this letter the Inspectorate, an independent and autonomous body, that is part of VSA(Public Health, Social Welfare, and Labor) would like to inform the general public, employees, and employers in particular of the following:
In accordance with the ‘Landsverordening Arbeid Vreemdelingen’ hereafter called the L.A.V. art.13, first paragraph, the Inspectorate VSA is the legal supervising authority.
(Met het toezicht op de naleving van het bij of krachtens deze landsverordening bepaalde zijn belast de door het bestuurscollege aangewezen ambtenaren).
(The Executive Council designated civil servants are in charge of the supervision on compliance with this country ordinance)
A violation is considered non compliant according to Article 2, first paragraph of the L.A.V.
(Het is een werkgever verboden een vreemdeling arbeid te laten verrichten zonder tewerkstellingsvergunning).
(It is prohibited for an employer to employ a foreigner without an employment permit).
In respect to the infringement referred to in the previous sentence, the employer may receive a penalty of up to one hundred thousand guilder (NAF 100,000), L.A.V. art. 19, first paragraph.
(De werkgever, die het in artikel 2, eerste lid, neergelegde verbod overtreedt, wordt gestraft met een hechtenis van ten hoogste drie maanden of een geldboete van ten hoogste honderdduizend gulden).
(The employer who breaches the prohibition which is stated in article 2, paragraph 1, will be punished with imprisonment of up to three months or a fine of up to one hundred thousand guilders)
If employers violate the L.A.V. they will be addressed according to the supervision and enforcement pyramid (Handbook for the supervision and enforcement plan Inspectorate V.S.A.) which is as follows:
Step 1: Convince, instruct, advise (verbal warning)
Step 2: Social monitoring, social control, shaming
Step 3: Warning (written warning)
Step 4: Fine / penalty payment
Step 5: Revoke license, shut-down enterprise
After verbal and written warnings to employers , the Inspectorate V.S.A. will take repressive measures in consultation with the Public Prosecutor’s Office.
The enforcement is as follows (these fines are set by the Public Prosecutor’s Office):
If on the day of the finding of the violation, less than 3 months have elapsed after the period of validity of the employment permit, the employer will be warned and they must start the process for the renewal within two weeks.
If on the day of the finding of the violation, 3 months have elapsed since the period of validity of the employment permit, the employer will receive a transaction proposal (settlement) in order to prevent the occurrence of criminal prosecution by the Public Prosecutor’s Office at the sum of NAF 500,- and he/she will be given two weeks to the start the process of renewal.
If the employer employs a foreigner for whom an employment permit is deemed necessary, and the employee has never had a employment permit before, the employer will receive a transaction proposal in order to prevent the occurrence of criminal prosecution by the Public Prosecutor’s Office at the sum of NAF 5000,-.
If the employer employs a foreigner whose application for renewal has been rejected by the Executive Council, it shall be deemed that the employee does not have a valid employment permit, then the employer will receive a transaction proposal in order to prevent the occurrence of criminal prosecution by the Public Prosecutor’s Office at the sum of
NAF 5000,-.
If on the day of the finding of the violation, less than 24 months have passed and the employer does not comply with the same legal obligation, the transaction proposal increases by 50%.
The above mentioned transaction proposals are offered "per infringement ‘. If a proposal for the transaction is not accepted, the employer will be served with a summons. At the hearing, the Public Prosecutor’s Office will request higher fines than the transaction amount of the Court.
For large-scale violations (a large number of violations per employer) as well as in the case of several recurrences of infringements, the Public Prosecutor’s Office maintains the right to directly go on to subpoena the employer to appear in court.
In the context of planning the illegal employment, we trust the stakeholders are sufficiently informed.
For more information, please visit the office, located on Frontstreet #1, above Diamond Casino.
Yours sincerely,
Andrew Budike Herbert Plokker
Head department labor Inspector General V.S.A.
Inspectie V.S.A Inspectie V.S.A.
Hans Mos
Public prosecutor