Employment relationship
Consequences of neglecting obligations
Negligence fee
Failure to comply with the obligations laid down in the Act on Posting Workers will result in an administrative penalty, a negligence fee. The fee amounts to between EUR 1,000 and EUR 10,000.
A negligence fee may be imposed on a posting company for neglecting the notification obligation or neglecting to appoint a representative or keep information available.
A negligence fee may be imposed on the builder or the main contractor for a failure to investigate the deficiencies in a posted worker’s pay or a failure to submit the matter to the occupational safety and health authority.
For more information on the fee, see the page Negligence fee.
Criminal matters
The occupational safety and health authority is obliged to report to the police if there is any situation with probable cause to believe that an action deemed punishable under the Penal Code or under a law supervised by the occupational safety and health authority has been committed. The notification need not be submitted if the act can be considered insignificant in view of the circumstances, and no public interest requires that a report is filed.
In the supervision of foreign labour, the following situations mainly apply:
- occupational safety and health violation and offence
- illegal use of foreign workers
- violation of the Aliens Act by the employer and the employee
- working hours violation
- working hours protection offence
- discrimination at work
- extortionate discrimination at work
- human trafficking and aggravated human trafficking
- extortion and aggravated extortion
- fraud and aggravated fraud
- neglect of occupational health services.