Jaarverslag 2003 - Databank Milieu

Enforcement in the area of the Working Hours Act [Arbeidstijdenwet:
ATW]
Enforcement instruments were applied in 719 ATW cases in the year
under review. A total of 1,247 enforcement instruments were applied (851
light and 396 heavy). In the latter category firms were closed down or
reported.
Performance agreements
Performance agreements are concluded by the AI director-general and the
directors every year. The scores for the various performance indicators
show that in many cases the inspectorate exceeded its target, and that
performance has been improving markedly since 2002. In the active OHS
field, the time taken to handle a case of enforcement is less than 1 year in
84% of cases, well above the target of 70%.
It has proven impossible to reach the target set for dealing with accident
investigations (70% in under 3 months). Owing to the fact that these
investigations are complex to carry out and process, only 38% were dealt
with in less than three months.
Labour market fraud
Preparations to introduce administrative fines into the Foreigner Nationals
Employment Act started in 2003. This amendment to the Act is expected
to enter into force on 1 January 2005. The Labour Market Fraud
Directorate has been expanded and will have an FTE inspection capacity
of 180 in 2005.
Results
In 2003, 3,940 cases were dealt with: 3,368 actively and 572 reactively. A
total of 731 reports on contraventions of the WAV were submitted to the
public prosecutor. This is a rise of about six per cent compared to 2002.
The increase is due mainly to more intensive inspections in the agricultural
and horticultural sectors. 211 reports for this sector were sent to the
public prosecutor in the year under review, compared to 127 in 2002.
About 140 of these reports are the result of cases undertaken by the Westland
Intervention Team in 2001 as part of the AI project in the agricultural
and horticultural sectors.
Table II Numbers of reports under the Foreigners’ Employment Act in 2003,
2002 and 2001.
Year 2003 2002 2001
Agriculture 211 127 190
Industry 57 55 72
Construction 36 33 35
Trade 78 66 79
Hotel/catering 221 254 240
Transport 9 17 23
Services 90 91 64
Services (80 to 95) 19 10 15
other 10 5 21
Total 731 658 739
74