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High Administrative Council: no fine for general partnership for illegal employment by a partner
A general partnership (v.o.f.) can not be considered the employer of an illegal immigrant, according the ‘Wet arbeid vreemdelingen’ (Wav), if that immigrant is one of the partners of that partnership. The High Administrative Council ruled as such in her judgement of 28 July 2010 (nr. 200909834/1). The High Administrative Council judges as such, because the work done by that partner can not be considered as work being done for another person or employer. Therefore the Labour Inspection could not fine the general partnership for breaching the Wav.