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Administrative Fine Policy

To submit an objection to a “Kennisgeving” notification of an Administrative Fine (Boet Administrativo), open this form: https://www.svbaruba.org/obhecion

Administrative Fine Policy
By law, all resident employees in Aruba must be registered with the SVb to be covered by the Sickness Insurance and Accident Insurance. If the employer does not give the employee the opportunity to register with SVb, they are depriving the employee of the protection that these insurances offer. They are also committing fraud by not paying premiums for these insurances.
With the Administrative Fines Management SVb has been given more authority to address these problems. All employers have the obligation to provide complete and accurate information, and to comply with the registration of their employees with SVb. For non-compliance with these obligations, SVb may impose an Administrative Fine.

Administrative Fine Amount
In case SVb finds an infraction, SVb has different guidelines in the Administrative Fine Procedure to determine whether to impose a fine and how high the fine can be. This procedure determines how the Administrative Fine is applied as set out in the Landsverordening Ziekteverzekering and Landsverordening Ongevallenverzekering. Among other things, it is determined:
• Who imposes the fine.
• How the fine is imposed.
• When the fine expires.
• How the amount of the fine is determined.
This procedure is to ensure that the law is applied in a proportional and uniform manner.

Individual cases
When determining the fine, SVb must take into account each individual case and act on the principle of proportionality (‘evenredigheidsbeginsel’). This means that when determining the fine, the severity of the infraction, the culpability of the employer and the circumstances of the specific case are taken into account.

Fine amounts per category
Initially, SVb will not impose a fine of the maximum amount of Afl. 500,000,-, but will impose lower fine amounts. It is not excluded that in the future these amounts may be adjusted if they do not have the desired effect. All the amounts can be categorized in the three tables below.

Category A: Registration form is not filled out completely/correctly

Category A: Enrollment Form A 1.1: Filed incompletely A 2.1: Filed incorrectly A 2.2: Filed incorrectly
Frequency of infraction First time Each repeat in 5 years First time Each repeat in 5 years
Time of irregularity observed Enrollment Employee Enrollment Employee Enrollment Employee Control Employee Control Employee
Type of action Cannot
enroll
Fine Fine Fine Fine
Fine for non-compliance of obligatory information disclosure of employee:​
Percentage of Fine 100%
Intentional Act
Afl. 500,- Afl. 1.000,- Afl. 2.500,- Afl. 5.000,-
Percentage of Fine 75%
Heavy Culpability
Afl. 375,- Afl. 750,- Afl. 1.875,- Afl. 3.750,-
Percentage of Fine 50%
Normal Culpability
Afl. 250,- Afl. 500,- Afl. 1.250,- Afl. 2.500,-
Percentage of Fine 25%
Minimum Culpability
Afl. 125,- Afl. 250,- Afl. 625,- Afl. 1.250,-
Limited Capacity
(at least 5%)
Afl. 25,- Afl. 50,- Afl. 125,- Afl. 250,-

Category B: The employee was not registered on time

Category B: Late registration
Frequency of infraction First time First time First time Each repeat in 5 years
Time of irregularity observed Within 6 weeks
for 1 employee
or more
Within 1 year
for 1 employee or
more
After 1 year
for 1 employee or
more
For 1 employee or
more
Type of action Fine Fine Fine Fine
Fine for non-compliance of obligatory information disclosure of employee:​
Fine Percentage 100% Intentional act Afl. 500,- Afl. 1.000,- Afl. 1.500,- Afl. 3.000,-
Percentage of Fine 75% Heavy Culpability Afl. 375,- Afl. 750,- Afl. 1.125,- Afl. 2.250,-
Percentage of Fine 50% Normal Culpability Afl. 250,- Afl. 500,- Afl. 750,- Afl. 1.500,-
Percentage of Fine 25% Minimum Culpability Afl. 125,- Afl. 250,- Afl. 375,- Afl. 750,-
Limited Capacity (at least 5%) Afl. 25,- Afl. 50,- Afl. 75,- Afl. 150,-

Category C: Never registered any employees

Category C: Never registered any employees
Frequency of infraction First time First time First time Each repeat in 5 years
Time of irregularity observed Within 6 weeks
for 1 employee
or more
Within 1 year
for 1 employee or
more
After 1 year
for 1 employee or
more
For 1 employee or
more
Type of action Fine Fine Fine Fine
Fine for failure to comply with the obligation to register employees before entering into service:
Fine Percentage 100% Intentional act Afl. 750,- Afl. 1.500,- Afl. 2.500,- Afl. 5.000,-
Percentage of Fine 75% Heavy Culpability Afl. 562,50 Afl. 1.125,- Afl. 1.875,- Afl. 3.750,-
Percentage of Fine 50% Normal Culpability Afl. 375,- Afl. 750,- Afl. 1.250,- Afl. 2.500,-
Percentage of Fine 25% Minimum Culpability Afl. 187,50 Afl. 375,- Afl. 625,- Afl. 1.250,-
Limited Capacity (at least 5%) Afl. 37,50 Afl. 75,- Afl. 125,- Afl. 250,-

More information
The complete text of the Administrative Fines Policy can be downloaded here:
SVb Fine Policy April 2017

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