Polish Loophole
A Polish entrepreneur and 3 growers in flower bulbs and vegetables in the Province of North Holland have been fined nearly € 175,000; among other things for the illegal employment of at least 26 migrants workers from outside Europe. The Netherlands Labour Authority imposed these fines because workers from outside Europe were employed via a loophole and a sham construction at Dutch companies using a temp agency.
The Polish entrepreneur operated through a mailbox company in Poland. From there, he recruited migrant workers from outside Europe; interested Belarusians were then given a so-called declaration 'for entrusting work to a foreigner'. With this document, these so-called third-country nationals received a Polish D-visa, which, combined with the declaration, allows them to work and live in Poland. This visa (also called a residence permit) is intended for persons who want to stay in the Netherlands for more than 90 days, but there are conditions attached.
However, after 2 days of stay in Poland – without working there – the Belarusians were transported by van to the Netherlands, housed here, and put to work. Inspectors from the Labour Authority demonstrated that this case involved illegal posting.
For example, in Poland there was a mailbox company where no 'substantial activities' were carried out; no work was performed in Poland from the mailbox company. It also appeared that the Belarusian workers themselves had not first worked in Poland before being posted to the Netherlands.
The migrant workers were employed directly by the Dutch growers. When an employer has migrant workers from outside Europe work via a mailbox company, this is a loophole involving illegal secondment.
Because the rules for secondment were not met, both the Polish entrepreneur and the Dutch growers received fines for the illegal employment of labor migrants.
