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If you run a business in the Netherlands and you want to take action against internal crime, you have to comply with certain conditions. Examples of internal crime are employees taking money from the till, employees offering discounts to friends or employees stealing money or products.
In order to prevent theft, you may have CCTV camera surveillance at the workplace. However, certain conditions apply. For example, you must first carry out a privacy test to assess your interests against the interests and rights of your employees. You must clearly indicate that you have installed camera surveillance. And you are not allowed to place cameras in fitting rooms. Moreover, you are obliged to inform the Dutch Data Protection Authority that you have installed CCTV cameras.
Checking your employees
After for instance a series of thefts you may check your employees' clothing, bags and means of transport. This inspection may only take place in a private space within your business premises. You could decide to hire a security firm to do this for you. Your internal regulations must state who you may inspect, when and how. You must consult your works council about this. Your employees are entitled to refuse an inspection.
This kind of inspection is not the same as a formal stop and search. Only the police are allowed to do so.
In case of an internal crime, you could impose a fine on your employee or claim compensation of damages in court. You must include these possible measures in the terms of your employment contracts.
If you have sufficient evidence, you may dismiss a person with immediate effect. In the event of a correct dismissal with immediate effect you do not need a dismissal permit from the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen, UWV).
Warning Register Retail Trade
Many companies in the retail trade have to deal with theft by staff. This is why shopkeepers can check the (Dutch-language) Warning Register of the Foundation for Fraud Prevention in the Retail Trade (Stichting Fraude Aanpak Detailhandel, FAD) to see whether an applicant has stolen in the past, for example. You pay a fee to be able to do so.