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Global Mobility Insights - Herbst / Fall 2023 Administrative fines - Administrative fines vary between a maximum of € 1,500 for natural persons and € 3,000 (100% increase of €1,500) for legal entities, companies, and other organisations. Criminal offence - In very severe cases, a criminal offence maybe reported and persecuted by the public prosecutor (administrative sanctions are not used in this case). Revoking the sponsorship license A company can also lose the recognised sponsorship status or sponsorship status can be temporarily suspended. This can lead to foreign nationals who are in possession of valid residence permit, to lose their status with this legal entity and need to look to change their residence status to a different purpose. Once the recognised sponsorship status is lost by a company, it will no longer be possible to hire Highly Skilled migrants in a quick and easy way, but only through more bureaucratic ways for which processes take longer and more documents will be required. Expat Management Group and Audits Expat Management Group ensures that companies comply with the legal requirements. It assists in submitting recognised sponsorship applications whereby a pre-screen and an estimation is made from the entity to determine whether the company is eligible for recognised sponsorship and if a lot of additional documents maybe potentially requested by the Dutch authorities. Expat Management Group is assisting companies with preparing for audits from the Dutch labour authorities / Inspectorate. Recently we see a growing number of complaints/warnings being issued by the IND towards companies which do not comply with particular duties, such as the duty to inform the IND when an employee leaves the company, or when a new employee starts to work at a new company. In addition, problems also arise with payrolling when companies do not pay the employee what is mentioned in the employment contract, or when certain 48 allowances are being paid in a way which is not in accordance with Dutch immiconvinus.com
Global Mobility Insights - Herbst / Fall 2023 gration law rules. Lonneke Kerpershoek, Immigration Manager at Expat Management Group, stresses that the most frequent reason of incompliance are problems with payrolling. According to Ms. Kerpershoek, many companies are just not aware of the impact this has from a legal immigration perspective if certain allowances are withheld or are on shadow payrolls which cannot be easily examined by the Dutch Inspectorate. Nihat Kurt, Founder and Partner at Expat Management Group, agrees that it is crucial to create awareness of companies regarding their duty to be transparent, and to have their employee files in order, so to be able to show all relevant data if requested by the Dutch authorities on the spot. Mr. Kurt thinks that the change of policy of the IND is a result of many companies not taking their obligations seriously: “We see that once companies have owned the sponsorship license, they are not yet aware of the duties this brings with it and often when it is too late, they call our offices asking for assistance”. As random compliancy checks of companies occur more frequently in the last years, companies need to be aware of their duties and obligations to adhere with Dutch immigration law rules. To avoid big financial fines and in the worst-case scenario, losing the recognised sponsorship license, HR departments need to ensure to have all relevant documents on file and are ready to show these to the Dutch authorities in case of an Inspection. Relevant changes need to be reported in time to the IND and a careful selection of stuff is important to comply with the duty of care. Contact: Expat Management Group Herengracht 168 +31 207070551 1016 BP Amsterdam info@expatmanagementgroup.com The Netherlands expatmanagementgroup.com convinus.com 49
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