FNA

Administrative Jurisdiction Division confirms: the amount of fines in the penalty policy for employers’ obligations under Article 15 of the Foreign Nationals (Employment) Act are disproportionate
Administrative Jurisdiction Division confirms: the amount of fines in the penalty policy for employers’ obligations under Article 15 of the Foreign Nationals (Employment) Act are disproportionate 1000 668 SarisLaw

In its judgment of 14 December 2016, the Administrative Jurisdiction Division (Division) ruled that the standard amounts for fines in the penalty policy for violation by employers of Article 15…

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Standard fines in Article 15 of the Foreign Nationals (Employment) Act are disproportionate
Standard fines in Article 15 of the Foreign Nationals (Employment) Act are disproportionate 1000 667 SarisLaw

On 20 June 2016, the District Court of Midden-Nederland rendered an important judgment for the practice of fines under the Foreign Nationals (Employment) Act (FNA). The Court sets aside the…

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Supreme Court: no ne-bis-in-idem in criminal proceedings for human trafficking after an administrative fine has been imposed for employing foreign nationals
Supreme Court: no ne-bis-in-idem in criminal proceedings for human trafficking after an administrative fine has been imposed for employing foreign nationals 1000 667 SarisLaw

In this case, an administrative fine imposed on an employer for employing a foreign national without a work permit and it’s subsequent criminal prosecution for human smuggling do not result…

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Arrangements among parties are allowed regarding the apportionment of liability for fines
Arrangements among parties are allowed regarding the apportionment of liability for fines 1000 667 SarisLaw

On 11 December 2015, the Dutch Supreme Court held that a party can rely on a clause to recover a fine imposed by a public body (verhaalsbeding) from a contractual…

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Administrative Jurisdiction Division forces the Minister to adopt a more sophisticated fining policy for the Foreign Nationals (Employment) Act
Administrative Jurisdiction Division forces the Minister to adopt a more sophisticated fining policy for the Foreign Nationals (Employment) Act 1000 557 SarisLaw

The Administrative Jurisdiction Division ruled on 7 October 2015 that the fining policy for the Foreign Nationals (Employment) Act of the Minister of Social Affairs and Employment for fines for…

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Proportionality of the new Policy Rules on the imposition of fines in Foreign Nationals (Employment) Act 2015?
Proportionality of the new Policy Rules on the imposition of fines in Foreign Nationals (Employment) Act 2015? 1000 667 SarisLaw

As of 1 July 2015, the long-awaited amended Policy Rules on the imposition of fines in Foreign Nationals (Employment) Act 2015 entered into force. For many employers who are (or…

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