Dutch legislation frequently combines both administrative law and criminal law. Non-compliance with such rules ,for instance under the Dutch Working Conditions Act or the Dutch Foreign Nationals Employment Act, can trigger both administrative and criminal penalties.
Administrative penalties include administrative fines and shut-down orders. Under criminal law, consequences include investigations by the Dutch Fiscal Information and Investigation Service (FIOD), the Netherlands Labour Authority or the Human Environment and Transport Inspectorate. An investigation could potentially result in criminal prosecution.
How to tip the odds in your favour
The best way to assure a favourable outcome is to ask for our help as soon as possible. Our team will advise you on your rights and obligations and help you choose the best strategy.
If the investigating or regulatory authority presents questions or demands, we will advise you on how to respond. If they decide to interview individuals from your organisation, we will ask them to share the procedural file first to help you and your people to prepare.
If they hand down an administrative fine or decide to prosecute, we will use the information in that same file to determine your best position and strategy. If necessary, our teams of employment law and administrative/environmental and planning law experts will give their input to put forward a comprehensive defence.
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