A company that, out of ignorance of the Wav, let a foreign national work without work permit for one day is fined € 8,000. A dishonest employer who knowingly exploited a foreigner for years and let him work without a work permit in violation of the Wav was also fined € 8,000. The High Administrative Council of State (ABRS) considered this fine policy ‘reasonable’ and justified.
Pieter Krop has pointed out since 2014 that this is contrary to a true proportionality assessment. On July 13, 2022, the High Administrative Council of State made a very important judgment. The High Administrative Council of State is now of the opinion that this penalty policy rule is no longer reasonable. The Ministry of Social Affairs and Employment (SZW) must now distinguish from the High Administrative Council of State when imposing as penalty according to intent, gross negligence, normal culpability and reduced culpability.
Pieter Krop has written an annotation to this High Administrative Council of State judgment.