If, after a violation of the working conditions legislation, you are imposed an administrative fine by the Inspectorate SZW and subsequently take adequate measures, the fine can be retroactively reduced by 12.5%. This is arranged in a supplement to the Working Conditions Act effective October 13, 2020.
Conditions for discount
If the Inspectorate SZW finds a culpable violation in your company, you can be fined. Such a fine may be imposed without the intervention of a judge. If you then show your good will by taking the right measures immediately, you may receive a 12.5% reduction in the fine imposed.
The measures you take as an employer must meet two conditions. On the one hand, they must prevent the same or a similar violation in the future and, on the other hand, measures must be taken as soon as possible after the violation has been established.
Moderation principle
There is already a so-called moderation principle in the Working Conditions Act when imposing a fine. If a violation is detected where you have partially, but not fully, taken action, you can be fined that has been reduced by a certain percentage. So now it has been added that you can also get a moderation with retroactive effect. In addition, the 12.5% discount is added to the percentage of any previous moderation. However, you can never come to zero.
