Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

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.]