Final penalty for illegal employment
Code: PRNE00057
Question
Three months ago we received a decision from the labour inspectorate about a fine for undeclared work. We did not appeal against the decision, but the issue was that we registered the worker too late with the Social Insurance Institution. We have now found out that we cannot employ a non-EU citizen because of this. Is there anything else we can do to defend ourselves against the decision, for example in court?
The answer
A judicial review of the decision is not possible because you have not used the legal remedy. In theory, a defense in the form of a prosecutor’s protest would be possible (you can file an application with the prosecutor’s office), but only if the prosecutor says the decision violates the law. Of course, this cannot be judged solely on the basis of the question asked. It is therefore highly advisable to consult a good lawyer when starting a factory tour. If you have sufficient legal assistance, the chance that you as an employer will be successful in the event of a judicial review of the procedure and the decision of the labor inspectorate increases.
Answer according to the current legal status valid on 10/01/2023.