Taking action against internal crime
Employees who borrow money from the cash register, steal money or other products, or give discounts to friends are breaking the law. As an employer, you can take action against such behaviour. But in doing so, you must follow certain conditions. For example, you must consider the privacy of your employees.
Is camera surveillance allowed?
You may have CCTV camera surveillance in the workplace under certain conditions. For example, you must indicate that there is camera surveillance. And you are not allowed to place cameras in fitting rooms or changing rooms. Read more about the conditions for using camera surveillance.
May you check your employees?
After a series of thefts, you may check your employees (in Dutch). For example, inspect their clothing, bags, and vehicle. This inspection may only take place in a private space within your business premises. Your company’s regulations must state who you may inspect, when, and how. You must consult your works council about this. You could hire a security firm to do these inspections for you. Your employees are entitled to refuse such an inspection.
Note: This kind of inspection is not the same as a formal stop and search. Only the police are allowed to do so.
Are you entitled to compensation?
In case of an internal crime, you could fine your employee or claim damages in court (in Dutch). You must include these possible measures in the terms of your employment contracts.
May you dismiss an employee with immediate effect?
Do you have sufficient evidence? Then you may dismiss an employee with immediate effect. For a justified dismissal with immediate effect, you do not need a dismissal permit from the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen, UWV).
Warning register retail
Many companies in the retail sector experience theft from employees. This is why shop owners can check the register of the Foundation for Fraud Prevention in the Retail Trade (FAD, in Dutch). This offers a means of screening. For example, to check if a job applicant has stolen in the past. You pay a fee to use this register.
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Questions relating to this article?
Please contact the Netherlands Enterprise Agency, RVO