In our Employment Law Tracker of July this year, we reported on the amendments to the Working Conditions Act, which entered into force on 1 July 2017. Amongst other things, the new working conditions legislation stipulates that employers must have a written contract with an occupational health and safety service agency in place and it provides the minimum requirements as to such a contract.
Subsequently, as per 1 September 2017, also the Policy Rules on the Imposition of Fines in Working Conditions Legislations have been amended. The amendments provide for administrative penalties for violations of the obligations that were introduced by the new working conditions legislation. For example, in case the employer does not have a contract with an occupational health and safety service agency in place, the employer can be fined with an immediate penalty of EUR 1,500.
The amended policy rules apply with immediate effect to all new contracts concluded after 1 July 2017. All existing contracts between employers and their occupational health and safety service agencies must comply with the new regulations before 1 July 2018. The Labor Inspectorate will enforce the new regulations.
Not only employers, but also the occupational health and safety service agencies can be fined according to the new policy rules.
The fines vary between categories 2 or 3. The standard fine in category 2 is EUR 750 and in category 3 EUR 1500.