Private Employment Agencies Convention, 1997 (No. 181) - Netherlands (RATIFICATION: 1999)

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Netherlands (ratification: 1999)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019. The Committee notes the joint observations of the National Federation of Christian Trade Unions (CNV), the Netherlands Trade Union Confederation (FNV) and the Trade Union Federation for Professionals (VCP) received on 18 August 2019 as well as the observations submitted with the Government’s report and with the Government’s supplementary information.

Scope of the Convention.  In its previous direct request, the Committee had referred to the situation of payroll workers (those that have an employment contract with a payroll company but work for another company-the hirer) and had invited the Government to provide a general appreciation on the manner in which the Convention is applied and to indicate the number of workers covered by the measures giving effect to the Convention. The Committee notes the entry into force on 1 January 2020 of the Balanced Labour Market Act (WAB) which contains provisions applicable to private employment agencies and payroll companies. The Committee notes that the WAB introduces a new specific definition for the “payroll agreement” where the payroll employer does not have an “allocation function” in the labour market and the worker is made available exclusively to one client (for example the hiring company). The Committee notes that the statutory regime that applies to temporary employment agencies will no longer be applicable to payroll employees. The WAB establishes that payroll employees will receive at least the same employment conditions and will have the same legal positions as employees who are employed by the hiring company. The law further provides that payroll employees will be entitled, as of 2021 to adequate pension schemes, which can take place in two manners: either they participate to the hirer’s pension scheme or the payroll company has its own pension scheme. The Committee also notes the adoption of the Collective labour agreement for temporary agency workers for the period 2019-2021 (ABU). The Committee also notes that the Collective labour agreement for temporary agency workers for the period 2019-2021 does not apply to private employment agencies that provide workers in the construction or infrastructure industry. Furthermore, the Committee understands that payroll employees will in principle no longer be covered by collective labour agreements for employment agencies (ABU) and the Netherlands Association of Intermediary Organisations and Private Employment Agencies (NBBU). However, they will be covered by the labour agreement and other labour conditions in force in the hirer company where the employee works. The Committee notes that in their observation, the FNV, the CNV and the VCP refer to the use of agency workers to cut costs and to the fact that agency workers are on temporary or zero hour contracts. They also indicate that temporary agents are often misinformed and are victims of abuse. The Federations further refer to high discrepancies in labour protection affecting temporary agency workers and to the unprecedented proliferation of temporary work agencies: 10000 new agencies have been created since 1998. The Committee requests the Government to provide further details concerning the implementation of the Balanced Labour Market Act (WAB) on both payroll companies and private employment agencies and the manner in which it affects the application of the Convention. The Committee requests the Government to indicate whether and how the issues highlighted by the FNV, the CNV and the VCP have been addressed by the WAB. The Committee also requests the Government to provide detailed information on the legal regime applicable to private employment agencies and to payroll companies. The Government is also requested to indicate if there are specific regulations (including collective labour agreements) for private employment agencies operating in specific economic sectors such as construction or the infrastructure industry and provide statistical information on the number of workers covered by the Convention. The Committee requests the Government to provide available information on the impact of the COVID-19 outbreak and the measures taken to mitigate them on the implementation of the WAB and on the operation of private employment agencies.

COVID-19 pandemic and measures taken to mitigate its negative impact. Temporary agency workers. The Committee notes the Government’s information concerning the adoption of the Temporary Bridging measure for Flex Workers (TOFA) that have been laid off after 1 March due to the COVID-19 outbreak, with a substantial loss of income (more than 50 per cent in April compared to February and who cannot claim other benefits). The Government indicates that the scheme consists of a one-off gross payment of 1,650 euro in total for the period March, April and May 2020. The Committee notes, however, that in their additional information, the Federations refer to the large number of workers with flexible contracts (temporary agency workers and workers with a fixed term contract) who have lost their jobs due to the COVID-19 crisis and that only enjoy a very limited duration of their unemployment insurance (WW). This means that for a large number of workers who lost their jobs during the first 2 months of the crisis, the insurance period (which is only three months for workers who do not have a long employment history) has already expired. Finding another job in the current crisis is difficult, if not impossible. The Federations have requested an extension period for these workers without success. The Committee also notes that in their additional information, the FNV, the CNV and the VCP indicate that temporary agencies are the main employers of migrant workers and that these categories of workers are facing a particularly difficult situation due to the COVID-19 outbreak with respect to social distancing and personal protective equipment (PPE) in housing and transportation. The Committee requests the Government to provide detailed information, including statistics, on the situation of temporary agency workers, including migrant workers, due to the COVID-19 crisis as well as on any additional support measures that would benefit them.

Article 6. Protection of personal data.  The Government provides information concerning the activities carried out by the Data protection Agency which supervises compliance with the legal rules for the protection of personal data. The Agency also advises on new regulations and provides information about privacy legislation. It uses a large part of the capacity to investigate compliance with the law. The Agency selects annual themes on which to carry out these examinations. For example, the Data Protection Agency investigated two large temporary employment agencies and summoned them to end the violations of the legal rules for the protection of personal data. The Committee takes note of this information.

Articles 10 and 14. Supervision of the operation of private employment agencies.  The Committee had previously requested the Government to provide extracts from reports of the inspection services, as well as updated information on the measures taken to eliminate fraudulent and illegal temporary work agencies. The Committee notes in this regard, that the FNV, the CNV and the VCP indicate that the unions are not sufficiently informed about ongoing procedures, infringements detected, and sanctions imposed. They highlight that inspection only focus on the payment of minimum wages and not on the labour conditions agreed in the collective agreements. Furthermore, they highlight that the inspection services are understaffed to carry out investigations based on any complaint concerning infringement of collective agreements or any legislation related to the posting of workers, mainly the Posting of Workers by Intermediaries Act (WAADI). The Committee notes that the Government refers to the report by an Interim Intervention Team to Tackle misconducts in temporary employment agencies. The Inspectorate (SZW), the Tax and Customs Administration and the Public prosecution service participated in this report. The Conclusions of the report refer to abuses by private employment agencies related mainly to the retention of wages and withholding of housing costs from the wage of migrant workers. The Government also provides a mid-term report on temporary employment agencies from the Labour Inspectorate (SZW). The Committee notes that, according to this report, there are approximately 12,000 companies registered with the Chamber of Commerce as temporary employment agencies. This concerns also lending agencies and payroll companies. The Inspectorate estimates that there are 43,000 companies operating in the temporary industry. However, according to the report, there are also numerous unregistered companies. The Government further indicates that extra resources have been allocated to the SZW to ensure enforcement. In this regard, €50 million per year will be made available until 2021 concerning fraudulent practices. The Government also refers to the Sham Constructions Act (WAS) adopted in 2015, which aims to contribute to creating a level playing field in the labour market, preventing unfair competition between companies, strengthening the legal position of employees and guaranteeing compensation for employees, in accordance with the legislation, collective agreements and individual employment contracts. The Government indicates that in application of the WAS, the SZW conducted 862 investigations in the period going from 1 January 2014 to 1 May 2018. The investigations concerned various sectors, such as construction, cleaning, hospitality, retail and the temporary employment sector. The Government further indicates that social partners may submit requests for investigations to the SZW concerning non-implementation of collective labour agreements in case of non-compliance. The Committee requests the Government to continue to provide information on the complaints filed against private employment agencies concerning issues related to the application of the Convention, the institutions dealing with these complaints and the sanctions imposed in case of infringement to the laws and regulations. The Government is also requested to provide information on the measures taken to ensure that private employment agencies employing migrant workers duly respect and apply labour law.

Article 13. Cooperation between the public authorities and private employment agencies.  The Government refers to the intensive and longstanding cooperation between the public employment service (UWV) and private employment agencies in assisting jobseekers. In 2019, the UWV and the ABU signed a renewed joint venture agreement that both extends and updates the cooperation and commitments between both parties. The 2019 joint venture agreement focuses on an increase of the efforts on cooperation between UWV and ABU-members at the regional level. ABU and UWV are also looking to further enhance the sharing of knowledge and experience on labour-related public-private cooperation between UWV and ABU at national and European level. The joint venture will lead to further efforts to increase the visibility and interoperability of the various information sources related to unemployed persons. Lastly, the aim of UWV and ABU is to structurally share labour market information as well as expertise on the mediation between employers and jobseekers. The Committee invites the Government to continue to provide information on any measure taken to foster cooperation between the public employment service and private employment agencies. The Committee requests again the Government to provide information on the measures taken to ensure that the competent authority receives relevant information on the activities of the private employment agencies. The Government is also requested to provide information on any specific measure of cooperation taken to promote employment in the framework of the COVID-19 outbreak.

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Scope of the Convention. The Government provides in its report information in reply to the 2013 observation and to the concerns raised by the Netherlands Trade Union Confederation (FNV) in August and September 2013. With respect to the concern of the FNV on the rise of the so-called ‘contracting companies’ that provide workers to a third party (user enterprise) but do not fall within the scope of the Collective Labour Agreement for Temporary Agency Workers, the Government indicates that whether companies fall under the scope of a particular collective labour agreement is actually determined by the parties themselves and not by government. Regarding ‘payrolling’, a situation in which an employee is hired by a company but is given an employment contract with the payrolling company that pays the wages, the Government indicates that a resolution was adopted in Parliament in which the Government is requested to equalize the terms of employment between payroll-employees and the user company’s own employees. The Government is also awaiting the upcoming advice on this matter from the Dutch Labour Foundation. With regard to the issues raised concerning the Placement of Personnel by Intermediaries Act (WAADI), the Government states that the WAADI aims to prevent that the employer of the striking workers hires third party workers (such as temporary agency workers) to take over the work of striking workers. It adds that the commissioning company therefore has the right to have a third party take over the work. Moreover, the Government indicates that, as to the issues mentioned in Articles 11 and 12 of the Convention, the protection of the position of temporary workers is equal to that of regular employees. The Government states that the user enterprise is responsible for the working conditions of the hired temporary agency workers. The Committee invites the Government to give a general appreciation of the manner in which the Convention is applied and indicate the number of workers covered by the measures giving effect to the Convention (Part V of the report form).

Article 6. Protection of personal data. The Committee notes that there are two Acts to protect the personal data of workers: the Medical Examinations Act and the Data Protection Act. The Medical Examinations Act sets restrictions on certain medical examinations and the Data Protection Act regulates the protection of personal data of employees. The Data Protection Agency supervises compliance by employers of the Data Protection Act. The Committee invites the Government to provide further information on the activities of the Data Protection Agency with regard to private employment agencies.

Articles 10 and 14. Supervision of the operation of private employment agencies. The Government recalls that the Dutch temporary work agency system is a mixture of public rules and private commitment. The Inspectorate of Social Affairs and Employment enforces compliance of labour laws concerning minimum wage, working time, working permits, placement of personnel by intermediaries and health and safety. Since June 2012, 69 administrative investigations were initiated by the authorities, focusing on 103 temporary work agencies and 200 employers. In addition to this intervention team, regular inspection teams inspected 655 temporary work agencies and 802 employers in the period 2012–13. In 29 per cent of these investigations, an infringement was identified. In total, 35 criminal investigations were started. The Government further indicates that since July 2012, every staffing agency has to register at the Chamber of Commerce. Staffing agencies that do not register, or clients that hire staff through agencies that are not registered, risk a high administrative fine. Both Dutch and foreign staffing agencies need to register and non-compliance is a signal for potential offence. The Committee notes that, as from 2007, the Dutch social partners have private and voluntary rules describing financial, fiscal and labour conditions. If a staffing agency complies with these rules, it can apply for a certificate that provides the staffing agency with a hallmark. Applying for a certificate means that the staffing agency is subject to inspection twice a year. The obligation to register makes it possible for the Labour Standards Association [Stichting Normering Arbeid (SNA)] to invite temporary work agencies that do not have a hallmark, to apply for the certificate. The Dutch Accreditation Council assesses the certifying bodies which execute the self-regulation and it exercises supervision to guarantee the impartiality and expertise of the certifying body. Furthermore, a bipartite foundation, called SNCU, is installed for the control and enforcement of the Collective Labour Agreement for Temporary Agency Workers. This so-called ‘CLA-police’ closely cooperates with the Labour Inspectorate, the tax authorities and the SNA. The Committee invites the Government to provide extracts from reports of the inspection services, as well as updated information on the measures taken to eliminate fraudulent and illegal temporary work agencies.

Article 13. Cooperation between the public authorities and private employment agencies. The Government indicates that the public employment service (UWV) and private employment agencies have a longstanding intensive cooperation in assisting jobseekers. In 2012, the UWV and the ABU (Federation of Private Employment Agencies) signed a joint venture agreement in which they committed themselves to joint activities focused on leading more jobseekers to work. They also agreed to promote the influx in work/training jobs for specific groups of jobseekers, such as young persons with disabilities, older unemployed persons (over 55 years of age) and people who are unemployed for more than three months. Moreover, the Government adds that private employment agencies do not have to report on their activities. In this regard, the Committee recalls that private employment agencies shall, at intervals to be determined by the competent authority, provide to that authority the information required by it, with due regard to the confidential nature of such information: (a) to allow the competent authority to be aware of the structure and activities of private employment agencies in accordance with national conditions and practices; (b) for statistical purposes (Article 13(3)). The Committee invites the Government to report on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. It also requests the Government to provide information on the measures taken to ensure that the competent authority receives relevant information on the activities of the private employment agencies.

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The Committee notes the Government’s report received in August 2013 which includes information in reply to its 2011 observation and to the concerns raised by the Netherlands Trade Union Confederation (FNV) in 2010. It also notes the most recent observations made by the FNV in August and September 2013. The Committee notes that a concern to the FNV is the rise of the so-called “contracting companies” that provide workers to a third party (user enterprise), but do not fall within the scope of the Collective Labour Agreement for Temporary Agency Workers. The FNV indicates that work is being done on the basis of a fixed price and supervision take place by the contracting company, and not by the hiring company (user enterprise). Still, the workers are employed by the contracting company and are sent to user companies to work. The Committee notes that another concern to the FNV is the so-called “payrolling”, a situation in which an employee is hired by a company but is given an employment contract with the payrolling company that pays the wages. Furthermore, the Committee noted in its 2011 observation the remarks made by the FNV indicating that the Placement of Personnel by Intermediaries Act (WAADI) prohibits a company confronted with a strike from hiring workers from a temporary employment agency. The FNV added, however, that the Act does not prohibit a company affected by a strike in a contracted company from making its own personnel perform the duties of the striking workers, and the FNV was of the opinion that the Act should be revised. In its 2013 observations, the FNV indicates that companies affected by a strike do not only make their own personnel perform the duties of the striking workers but also hire personnel employed to a third party, not part of the affected company and not a temporary employment agency according to the WAADI. The FVN adds that the WAADI does not cover this situation and that there is no supervision by public organizations. The Committee invites the Government to provide in its next report information with regards to the concerns raised by the FNV.

Supervision of the operation of private employment agencies. The Government indicates in its report that the estimated number of temporary agency workers is about 200,000 daily, and that public and private laws are applicable to all temporary agency workers. Enforcement of legislation is in the hands of public and private organizations: the Labour Inspectorate is responsible for the enforcement of public laws and the Labour Standards Foundation, a private enterprise, is responsible for the control of the certification system. Enforcement by the private sector is executed by the Foundation for monitoring compliance with the Collective Labour Agreement for Temporary Agency Workers (SNCU). The Government adds that public and private organizations are working together in the monitoring of the so-called system of self-regulation. Moreover, the Government indicates that in 2012 a special project was launched with the aim of reducing the number of fraudulent and illegal temporary employment agencies and to eliminate human trafficking. Tax authorities, the SNCU, the Labour Standards Foundation, the Chamber of Commerce, the Ministry of Economic Affairs and the Ministry of Social Affairs and Employment are working together in this project. The FNV reiterates its concerns about the system of self regulation, stating that it does not eliminate fraudulent and illegal temporary work agencies. It adds that it supports the monitoring efforts of private organizations but maintains that the Government has its own responsibility in implementing and fulfilling the obligations of the Convention. The Committee invites once again the Government to report on the application of Article 14 of the Convention to all temporary work agencies and to provide extracts from reports of the inspection services, as well as information on the measures taken to eliminate fraudulent and illegal temporary work agencies (Part V of the report form). It also requests the Government to indicate how it ensures that the system of self-regulation of temporary work agencies is monitored and supervised by the labour inspectorate or other competent public authorities (Article 14(2)).

Article 6 of the Convention. Protection of personal data. The Government indicates that temporary work agencies do not have full access to the data files of the registered unemployed persons at the public employment service (UWV). Unemployed persons must give their consent before personal data can be viewed by the temporary work agencies. The FNV indicates that the Government is not clear about the measures taken to protect personal data. The Committee invites the Government to provide in its next report further information on the manner in which workers’ personal data is protected.

Articles 11 and 12. Protections for workers and responsibilities of private employment agencies and user enterprises. The Government indicates that temporary agency workers have a right to vocational training according to collective agreements, such as the Collective Labour Agreement for Temporary Agency Workers. Moreover, the Government indicates that if a temporary agency is certified, the user enterprise is relieved from liability for the continued payment of wages. In the event of bankruptcy, the temporary worker may apply to the UWV who will continue to make the payment of wages for several months. The Committee invites the Government to continue to provide information on the practical application of Articles 11 and 12 of the Convention.

Article 13. Cooperation between the public authorities and private employment agencies. The Government indicates that the UWV and the municipalities work together on labour market policies in the 35 labour market regions. It adds that, in order to develop these policies, the UWV works with private employment agencies. The Committee invites the Government to report on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. Please also provide information on the measures taken to ensure that the competent authority receives relevant information on the activities of the private employment agencies.

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Supervision of the operation of private employment agencies. The Committee notes the information provided in the Government’s report received in August 2010 in reply to the 2009 direct request. It also notes the new remarks provided by the Netherlands Trade Union Confederation (FNV) and the contribution of the Confederation of Netherlands Industry and Employers (VNO NCW) and the Federation for small and medium-sized businesses (MKB NL). In reply to the issues raised by the FNV in 2009 indicating that a system of permits would be more efficient for combating fraud and illegality, the Government indicates that until 1998 such a system of permits existed in the Netherlands; however this system was not efficient. The Government reports that it was hardly possible to maintain the system and to control all permit holders. It further indicates that it is difficult to confirm if the current system of self regulation eliminates illegal temporary work agencies. The FNV maintains its concerns about the system of self-regulation indicating that it does not eliminate fraudulent and illegal temporary work agencies. It also acknowledges that the previous system of permits was not the most efficient and points out that with sufficient government resources, a better, more efficient and transparent system is possible. The FNV reiterates its previous statement concerning the estimated number of fraudulent private employment agencies in the country, that is, 5,000 to 6,000. The VNO-NCW and the MKB-NL also refer to these estimates, indicating that the figures are based on a 2008 study carried out for the Foundation for Compliance with Collective Agreements in the Temporary Employment Sector (SNCU). The Committee recalls the concerns expressed by the FNV indicating that the purpose of the self-regulatory system is that the labour inspectorate focuses its attention and inspections mainly on the non-registered temporary work agencies instead of inspecting the registered agencies. The FNV indicates that the Government transfers through the system of self-regulation the responsibility of supervision and control over certified agencies on to private parties. Furthermore, the FNV is of the view that, in practice, both registered and unregistered agencies are mainly, if at all, supervised and monitored by private and not public authorities. The Government states that temporary agencies registered in the Labour Standards Register are supervised or controlled by the labour inspectorate. The Dutch Association of Temporary Work Agencies (ABU) periodically produces facts and figures on the activities of private employment agencies. The Committee invites the Government to report on the application of Article 14 of the Convention to all temporary work agencies and to provide extracts from reports of the inspection services and information on the number of workers covered by the Convention (Part V of the report form). It also invites the Government to indicate the manner it ensures that the system of self-regulation of temporary work agencies is supervised by the labour inspectorate or other competent public authorities (Article 14(2)).

Article 6 of the Convention. Protection of personal data. The FNV indicates that it is very critical about the fact that temporary work agencies have access to all the data files of the registered unemployed persons at the public employment service (UWV). The Committee invites the Government to provide information in its next report on the manner in which workers’ personal data is protected.

Articles 11 and 12. Protections for workers and responsibilities of private employment agencies and user enterprises. Replying to the FNV’s previous comments regarding the payment of wages, the Government indicates that it has the responsibility to ensure that minimum wages are paid to all employees, not for the payment of correct wages. It further indicates that, with respect to the matters covered in Articles 11 and 12, the protection of the position of temporary workers is the same as regular employees. The Government also states that the user enterprise explicitly is responsible for the working conditions of the temporary agency workers. The FNV states that the protection of the position of temporary workers is not always the same as regular employees and provides an example indicating that most agency workers have no access to training. The FNV is also of the opinion that a joint liability for full wages should be shared by the agency and user enterprises together as agencies tend to file for bankruptcy if a wage claim is looming. Furthermore, the FNV indicates that Section 10 of the Placement of Personnel by Intermediaries Act (WAADI) prohibits a company confronted with a strike of its workers from hiring workers from a temporary employment agency. However, the Act does not prohibit a company affected by a strike in a contracted company from making its own personnel perform the duties of the striking workers. The FNV is of the opinion that the Act should be revised. The Committee wishes to recall that given the particularities of working arrangements in which employees work for a user enterprise that assigns and supervises the execution of the work and the uncertainty as to responsibility, it is necessary for member States to address theses particularities through measures that ensure that in each case effective responsibility is determined (see paragraph 313 of the 2010 General Survey concerning employment instruments). The Committee invites the Government to provide information with regard to the concerns raised by the FNV and to supply information on the measures taken to ensure protection for workers in the areas described in Article 11 and how it has determined the allocation of the responsibilities between the temporary work agencies and the user enterprises as laid down in Article 12.

Article 13. Cooperation between the public authorities and private employment agencies. The Government indicates that temporary employment agencies play no additional role in the formulation of labour policy of public employment services. Private agencies are positioned at the central floor of the work plazas because they are considered as a useful party in helping people with difficulties in the labour market. At the regional level, public and private employment services are working together. The Government reports on an agreement between the UWV and the ABU concerning the placement of young unemployed persons. The FNV raises concern that an unemployed person asking for an unemployment benefit is obliged to accept a new job not only through the UWV but also through the temporary work agency. If the unemployed person does not accept a suitable temporary job, he or she may lose the benefit. The Committee invites the Government to report on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. Please also provide information on the measures taken to ensure that the competent authority receives relevant information on the activities of the private employment agencies.

[The Government is asked to reply in detail to the present comments in 2013.]

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The Committee notes the information provided in the Government’s report received in August 2009 including statistics on the activities of the Foundation for Compliance with Collective Agreements in the Temporary Employment Sector (SNCU). It also notes the observations of the Netherlands Trade Union Conference (FNV) received in August 2009. FNV estimates that 5,000–6,000 fraudulent private employment agencies operate in the Netherlands particularly affecting persons residing illegally in the country. The trade union observes that, while the system of self-regulation should eliminate mala fide practices, a system of permits would be more efficient for the purpose. FNV is further of the opinion that the actual employer should be made responsible for the payment of the correct wage and not just the minimum wage. It is further concerned about the fact that in some sectors, such as construction, a chain of subcontracting is used in which a certified subcontractor might work with a non-certified sub‑subcontractor, which could undermine the certification system. The Committee requests that the Government reply to the issues raised and apprehensions expressed.

Supervision of the operation of private employment agencies. The Government states that in May 2009 the Labour Standards Register showed approximately 1,940 bona fide temporary work agencies. It states that the inspections mainly cover the payment of taxes, social insurance contributions and the payment of a minimum wage. Companies complying with these requirements are issued certificates by the accredited inspection bodies and certificate holders are normally inspected twice a year to ensure compliance with these standards. In addition, the agency must produce a declaration from the Dutch Tax and Custom Administration every quarter. The Committee notes the information provided on the inspection activities of the SNCU. As part of ensuring the proper observance of the legally binding Collective Labour Agreements, in 2008 the SNCU investigated 485 complaints received through its multilingual web site, telephone or in writing and successfully launched legal proceedings in 34 cases. The most common infringements concerned the failure to pay leave allowances and pay for public holidays, as well as the non-compliance with agreed rates of net pay. In 2009, the SNCU plans to undertake 200 non-complaint related inspections which now include inspections of the operation of the compulsory pension scheme for the temporary employment sector. The SNCU expects an increase in complaints due to the multilingual web site and the free telephone number to be introduced. In view of the concerns expressed by the FNV, the Committee invites the Government to provide a report containing information on how the system of self-supervision ensures that temporary work agencies currently not registered in the Labour Standards Register are also supervised in the sense of Article 14 of the Convention. It further requests the Government to provide information on the measures taken to ensure protection for workers in the areas described in Article 11 and how it has determined the allocation of the responsibilities between the temporary work agencies and the user enterprises as laid down in Article 12.

Article 13. Cooperation between the public authorities and private employment agencies. The Government indicates that temporary employment agencies are now positioned on the central floor of the work plazas. Temporary employment agencies are considered part of the regional mobility centre network with 33 centres having become operational since the onset of the credit crunch. No regular reports are produced on the collaboration between public and private sector employment mediation. The Committee invites the Government to indicate how it has retained the final authority for formulating the labour market policy, specifically on how the conditions to promote cooperation between the public employment service and private employment agencies is reviewed periodically and the measures taken to ensure that the competent authority receives relevant information on their activities from the private employment agencies (Article 13).

[The Government is asked to reply in detail to the present comments in 2010.]

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The Committee takes note of the information provided in the Government’s report, received in August 2007, which supplies some information in response to the Committee’s 2005 observation. In this regard, the Committee requests that the Government provide information, in its next report, on the following matters.

1. Article 3, paragraph 2, of the Convention. Conditions governing the operation of private employment agencies. The Government recalls that, further to the abolition of the requirement for employment agencies to bear a licence, the temporary employment sector has since opted for a form of self-regulation by introducing a system of certification. The Government indicates that to qualify for a certificate, the temporary employment agency must comply with the list of standards issued by the sector itself. These standards relate mainly to the payment of taxes, social insurance contributions and the minimum wage. Certificate holders are inspected twice a year to ensure compliance with these standards. The companies are inspected by certifying institutions that have been designated by the Council for Accreditation. One of the aims of certification is to encourage companies employing temporary staff to use a certified agency. The Committee requests that the Government provide examples of how the system of self-regulation works in practice together with information on the number of inspections carried out, the working methods of such inspections, and the number of cases of infringements identified through such inspections as requested by Part V of the report form.

2. Article 10. Mechanisms for investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies. The Government reports that the Labour Inspectorate carries out inspections on the receipt of a complaint. In respect of temporary employment, the Committee notes that the temporary employment sector has itself established the Foundation for Compliance with Collective Agreements in the Temporary Employment Sector (SNCU) in February 2004. This offers employers and employees the opportunity to lodge complaints which will subsequently be examined by the Foundation. The Government reports that the industry has investigated an increasing trend of small-sized temporary employment agencies consistently infringing the law. Consequently, the Government has introduced a package of measures for enforcing the applicable laws, and the Labour Inspectorate has intensified its inspections of non-certified temporary employment agencies and of companies hiring staff through such agencies. The Committee welcomes receiving information on the enforcement mechanisms available to deal with cases of abuses and fraudulent practices and on the effectiveness of such mechanisms. The Committee also requests further information on the activities of the SNCU and the results of its work in addressing complaints concerning the activities of private employment agencies.

3. Article 13. Cooperation between the public employment service and private employment agencies. The Government reports that, since its report in 2001, no change has been registered on the conditions to promote cooperation between the public employment service and the private employment agencies. The Committee invites the Government to supply information on how the conditions to promote cooperation between the public employment service and private employment agencies are reviewed periodically. It would also welcome receiving information on the employers’ and workers’ organizations which were consulted in connection with such review.

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1. The Committee notes the Government’s report and the information provided in reply to its previous direct request. It also notes the observations made by the Trade Union Confederation of Middle and Higher-level Employees’ Unions (MHP) in October 2004 concerning the free movement of workers within the European Union. The Committee requests the Government to continue providing information that is as detailed as possible, as well as any relevant extracts of reports and statistics which enable it to assess the manner in which effect is given to the Convention in practice (Part V of the report form).

2. Cooperation between the public employment service and private employment agencies. Also referring to its observation on the application of the Employment Service Convention, 1948 (No. 88), particularly in the context of the new organization of the employment services, the Committee requests the Government to describe the measures adopted, in accordance with Article 13, paragraph 1, of the Convention, with a view to formulating, establishing and reviewing conditions to promote cooperation between the public employment service and private employment agencies.

[The Government is asked to reply in detail to the present comments in 2007.]

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The Committee notes the information contained in the Government’s first report. In order to examine more fully the effect given to the provisions of Articles 2, 7, 10, 11, 12 and 14 of the Convention, the Committee would appreciate receiving copies of the legislation cited in the Government’s report, in particular the Placement of Personnel by Intermediaries Act, 1998, and its amendments, the Employment Brokering Decree, and the Flexibility and Security Act, 1998.

The Committee would also appreciate receiving further information on the following points.

Article 6 of the Convention. The Committee notes the adoption of the Personnel Data Protection Act, 2000 which is intended to replace the Data Protection Act. Please forward a copy of the Act.

Article 8, paragraph 1. The Committee notes the Government’s statement that Dutch legislation gives preference in employment to Dutch nationals and nationals of countries in the European Economic Area (EEA), and consequently has introduced restrictions on employment of nationals from outside the EEA. Please specify how the Foreign Nationals (Employment) Act provides adequate protections for, and prevent abuses of, workers recruited or placed in the Netherlands by private employment agencies.

Article 8, paragraph 2. Please indicate whether bilateral agreements have been concluded with countries with substantial migrant flows to or from the Netherlands, and specify how they prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 13. Please indicate the measures which promote cooperation between the public employment service and private placement agencies, and the employers’ and workers’ organizations consulted for this purpose. Please also provide examples of the information gathered from private placement agencies and indicate how this information is made publicly available and the intervals at which this is done.

Article 14. The Committee notes the Government’s statement that in practice, the Labour Inspectorate investigates very few complaints. Please provide further information on how compliance with the provisions of the Convention is monitored.

Part IV of the report form. The Committee notes that the Government intends to abolish supervision of private agencies and instead strengthen the position of employees under civil law. Please provide further information on this plan, and state whether courts of law or other tribunals have given decisions relating to the application of the Convention.

Part V. Please give a general appreciation of the manner in which the Convention is applied in practice, and supply extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.