Netherlands: new law will settle enforcement of pay and liability for abuses committed by subcontractors

A proposal for a new Act on combating fraudulent and fake companies has been handed over to the Council of State, the main advisory for legal affairs of the government. It will introduce a system of liability in a chain: the main principal or client becomes socially liable in case of non-payment or non-respect of wages. The aim of the Act is to promote fair competition and to guarantee respect for decent pay of workers. The proposal is part of a legislative package that the government plans to implement as of 1 January 2015. 
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Provisions in the proposed Act make it possible to better control respect for the minimum wages legislation, also in case of payment in cash or in case of deductions for social security or housing costs. Wage payments must be performed by bank transfer, at least up to the level of the mandatory minimum wage. A second important aspect is the introduction of the system of liability in a chain: the main principal or client becomes socially liable in case of non-payment or non-respect of wages.

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