What happens in the case of non-compliance with the WagwEU?

If the 'hard-core' provisions from the applicable collective agreement are not observed, workers may still lay claim to them. To demand compliance, they may turn to the unions.

If the duty to notify is not observed, a fine may be imposed on the employer abroad, the self-employed person with a duty to notify and the service recipient. The employer abroad and the self-employed person with a duty to notify can also be given a fine if they do not observe the administrative obligations, such as not complying with the information obligation or not having the necessary documents available in the workplace.

The following fines may be imposed:

Offence	By whom		Standard fine
Non-compliance with duty to notify	Employer abroad	1 to 10 posted workers	1,500 Euros
		10 to 19 posted workers	3,000 Euros
		More than 20 posted workers	4,500 Euros
	Self-employed person with a duty to notify		750 Euros
Necessary documents not available at the workplace	Employers abroad		8,000 Euros
	Self-employed person with a duty to notify		4,000 Euros
Notification not reviewed	Service recipient	Business	1,500 Euros
		Natural person	750 Euros
Non-compliance with information obligation	Employer abroad		6,000 Euros
	Self-employed person with a duty to notify		3,000 Euros

The amounts in the table are ‘standard fines’, which can be raised or lowered depending on the situation in which the offence was committed. In the Beleidsregel boeteoplegging Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie, you will find the amounts of all the fines. It also includes situations whereby the fine is raised by 50% and situations whereby the fine may be mitigated (=lowered) by 25%, 50% or 75%.

No fines will be imposed, in principle, on offences regarding the duty to notify that were committed before 1 September 2020. This gave employers abroad, self-employed persons and service recipients some time to become familiar with the duty to notify, which came into force on 1 March 2020.

The period until 1 September 2020 does not apply to notifications that had to be made up to 1 March 2020 on the grounds of the Foreign Nationals (Employment) Act Implementation Decree (BuWav). This concerns mainly the continuation of an existing duty to notify.