The Inspectorate SZW tries to pull off another Oasis of the Seas
Bart Maes on 30 March 2020
The Inspectorate SZW is attempting to pull off another Oasis of the Seas, but in a slightly different situation (Dutch text). One would think that the ruling of the district court of The Hague was completely clear. Aside from the alleged neglect of the requests of the labour inspectorate (which is of course not smart because that can be fined independently) and any possibly other specific facts and circumstances, all employers within the scope of the Foreigners Employment Act can rely on the following provision in Article 1(1) of the preamble under (b) of the Implementing Decree of the Foreigners Employment Act:
‘The prohibition, referred to in article 2, first paragraph, of the Foreigners Employment Act [prohibition to work without a work permit, BJM] does not apply with regard to a foreigner:
who has his primary residence outside the Netherlands and who does not have an employment contract with an employer established in the Netherlands and only performs work in international traffic by means of transportation registered outside the Netherlands;’
It cannot be any clearer.