Preparing for an IND Audit: A Guide for Dutch Companies Hiring Expats
Hiring international talent can bring immense value to your organization, but with great opportunity comes responsibility—especially when it comes to compliance with Dutch immigration laws. If your company is recognized as a sponsor by the Immigratie- en Naturalisatiedienst (IND), you must be prepared for potential audits to ensure you meet legal obligations.
An IND audit doesn’t have to be stressful if you’re prepared. Here’s a step-by-step guide to help your organization stay compliant and confident.
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What Is an IND Audit?
As a recognized sponsor, your company holds a privileged status that allows you to hire skilled workers from outside the EU more efficiently. However, this privilege comes with strict compliance requirements. An IND audit is a review process where the IND assesses whether your company is adhering to these obligations.
Failing to meet these requirements can lead to penalties, fines, or even the loss of your sponsor status.
Key Areas of Compliance
During an audit, the IND will focus on several critical areas. Here’s what you need to ensure:
1. Accurate Record-Keeping
The IND requires meticulous documentation for all sponsored employees. You must maintain up-to-date records, including:
A copy of the employee’s passport.
The residence permit of the employee.
Employment contracts and job descriptions.
Salary slips to prove compliance with the minimum salary requirements for knowledge migrants (kennismigranten).
Proof of timely payment of wages (e.g., bank statements).
Records of any changes in employment terms (e.g., promotions, salary adjustments, or working hours).
2. Adherence to Salary Requirements
Sponsored employees must meet the IND’s minimum salary thresholds, which vary depending on the employee’s age and whether they qualify as a recent graduate. Ensure that all salaries meet or exceed these thresholds, and document proof of payments.
3. Notification Obligations
You are required to notify the IND of any significant changes in the employee’s situation, such as:
End of employment.
Change in job role or reduction in working hours.
Address changes or relocations.
These notifications must be submitted within 28 days to avoid penalties.
4. Retention Periods
Documents related to sponsored employees must be retained for at least five years after their employment ends. Ensure these records are securely stored and easily accessible in case of an audit.
Steps to Prepare for an IND Audit
Conduct an Internal Audit. Periodically review your compliance processes and ensure all required documentation is in place. Cross-check employee records to confirm they meet IND requirements.
Set Up a Centralized Record-Keeping System. A well-organized digital system makes it easier to store, retrieve, and update records. Ensure all employee files are complete and up to date.
Train Your HR Team. Make sure your HR staff is familiar with IND regulations and understands the importance of compliance. Assign a dedicated compliance officer or team to oversee the process.
Monitor Salary Threshold Updates. IND salary thresholds are updated annually. Stay informed about these changes and adjust employee salaries as needed to remain compliant.
Have a Notification Process in Place. Create a system to track and report any changes in employment status to the IND within the required timeframe. Set reminders to ensure timely reporting.
Common Pitfalls to Avoid
Missing Deadlines: Late notifications or updates can lead to fines or loss of sponsor status.
Incomplete Documentation: Missing or outdated employee records are a red flag during audits.
Overlooking Changes: Failing to report changes in employment conditions can result in penalties.
Read more about what happens if you fail to comply with your duties here.
Why Compliance Matters
Maintaining IND compliance isn’t just about avoiding fines—it’s about protecting your company’s reputation as a trusted sponsor. Losing your recognized sponsor status could make it harder to attract and retain top international talent, putting your business at a competitive disadvantage.
Final Thoughts
Preparing for an IND audit is all about being proactive. By staying organized, keeping clear records, and regularly reviewing your compliance processes, your company can navigate audits with confidence and continue to benefit from the skills and expertise of international talent.
Compliance may feel like a burden at times, but it’s also an opportunity to demonstrate your commitment to ethical and transparent hiring practices. With the right preparation, your company will not only pass an IND audit but strengthen its foundation for growth in the global talent market.
If you’re unsure about your compliance status or need assistance preparing for an audit, reach out to us to receive the guidance you need to stay on track.