Supervision and enforcement

In general

Supervision and enforcement are in a constant state of flux. Companies, managing directors, internal supervisors and professional practitioners are increasingly likely to be held accountable, also with regard to general tasks, such as the prevention of fraud and the duty to report wrongdoings. The authorities are thereby aiming for stricter supervision and firmer enforcement

JahaeRaymakers can assist you or your company if you are involved or run the risk of being involved in disciplinary or administrative investigations, such as dawn raids, requests or demands to submit confidential or other data, and summons to be heard as a witness, expert or offender. But we can also advise you on how to act if you have been fined. Our aim, where possible, is to reach an acceptable agreement with the authorities involved. If necessary we will litigate on your behalf before the highest Dutch or international court.

More specifically

Working conditions and illegal employment

In the event of serious workplace accidents, you are required to inform the Social Affairs and Employment Inspectorate (I-SZW). That authority will investigate the employer’s and supervisors’ liability, among other things. It is important in that regard to obtain timely and sound advice on your legal position. We understand the urgency, will respond immediately and can quickly provide legal assistance on site, if necessary. We also represent clients who are being investigated by the I SZW, possibly together with other Inspectorates or investigative authorities, on the grounds of breach of the working conditions regulations and the Foreign Nationals Employment Act (Wav) (employment without the correct permit). The enforcement of those regulations and the imposition of fines are a priority of the authorities, and the fines imposed may add up to significant amounts.

Import and export

In the event of serious workplace accidents, you are required to inform the Social Affairs and Employment Inspectorate (I-SZW). That authority will investigate the employer’s and supervisors’ liability, among other things. It is important in that regard to obtain timely and sound advice on your legal position. We understand the urgency, will respond immediately and can quickly provide legal assistance on site, if necessary. We also represent clients who are being investigated by the I SZW, possibly together with other Inspectorates or investigative authorities, on the grounds of breach of the working conditions regulations and the Foreign Nationals Employment Act (Wav) (employment without the correct permit). The enforcement of those regulations and the imposition of fines are a priority of the authorities, and the fines imposed may add up to significant amounts.

The environment

Supervision of the compliance with and enforcement of environmental regulations by e.g. the Human Environment and Transport Inspectorate (ILT) or the Regional Implementing Agencies (RUDs) can give rise to investigations of criminal or finable offences. We have broad experience in assisting companies and officers that are confronted with investigations of suspicions of offences in the following fields:

  • Waste
  • Asbestos
  • Domestic and cross-border carriage of waste
  • Soil
  • Energy
  • Hazardous substances for high-risk and other companies/li>
  • Air
  • Oil
  • Remediation
  • Water

Disciplinary law

JahaeRaymakers has a good feeling for disciplinary law. We address questions of disciplinary law and supervision issues also within our own profession. We also frequently assist professional practitioners in disciplinary proceedings, such as accountants, lawyers, tax consultants, bailiffs, estate agents, physicians, civil-law notaries and dentists. They may be disciplinary proceedings based on complaints from clients or former clients, or complaints filed by supervisory authorities (the Netherlands Authority for the Financial Markets (AFM), the Financial Supervision Office (BFT), the Netherlands Healthcare Inspectorate (IGZ), the Royal Notarial Association (KNB) or the Netherlands Institute of Chartered Accountants (NBA)), or even the Public Prosecution Service. Issues regarding the duty of confidentiality and lawyer-client privilege also receive our special attention.

Food sector and catering industry

The Intelligence and Investigation Service of the Netherlands Food and Consumer Product Safety Authority (NVWA-IOD) focuses in particular on fraud in the production of and trade in food products at a company or within a chain, such as the meat or fish industry. It pays particular attention to catering establishments. The law of sanctions is a means of enforcing the regulations in question. Together with the Fiscal Intelligence and Investigation Service (FIOD), the NVWA-IOD also investigates the assets of companies that breach regulations and launder the proceeds in question. We assist companies and their managing directors that are the subject of an investigation (or possible investigation) of the NVWA-IOD or the FIOD

Traffic & transport

JahaeRaymakers frequently represents clients in the traffic and transport sector (passenger and freight transport) that are confronted with large-scale or other criminal and enforcement investigations by e.g. the Human Environment and Transport Inspectorate (ILT). The clients that we assist in that regard include airlines, cargo handlers, shipmasters and shipping companies, taxi companies and (special) transport companies.

You can also count on us if you are involved in traffic offences and proceedings before the Central Office for Motor Vehicle Driver Testing (CBR).

Health and healthcare

Healthcare providers may be confronted with investigations of healthcare fraud by the Fiscal Intelligence and Investigation Service (FIOD), the Netherlands Healthcare Inspectorate (IGZ), the Social Affairs and Employment Inspectorate (ISZW) and the Dutch Healthcare Authority (NZa). The officers in charge may also be investigated. On the basis of our own (internal) investigation, we will enter into a dialogue with the authorities in question in order to adequately settle the case. We pay special attention to issues regarding client confidentiality and lawyer-client privilege, and also represent physicians involved in criminal or disciplinary investigations.