Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

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.