Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Migration for Employment Convention (Revised), 1949 (No. 97) - Netherlands (Ratification: 1952)

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV), received 28 August 2014, which were sent to the Government for its comments.

Article 1 of the Convention. Migration flows and new developments. The Committee notes from the Government’s report that the number of employed European Union (EU) migrants is nearly 400,000, half of whom come from countries that have entered the EU since 2004. According to the FNV this number is underestimated due to the low registration of temporary migrant workers. The Government indicates that the number of work permits of workers from outside the EU has decreased and that permits are mainly issued for the hotel and catering, business service and agriculture industries. In addition, there are about 8,000 highly skilled migrants mainly coming from China, India, Japan, Turkey and the United States. The Committee requests the Government to continue to provide information, if possible disaggregated by sex and nationality, on migration flows indicating the sectors in which migrants are employed. Noting FNV’s comments that the free movement of service is increasing and should be better regulated and limited to a period of six months, the Committee requests the Government to provide information on any steps taken in this regard.

Article 3 and Annex I, Article 3. Measures against misleading propaganda and supervision of private agencies. The Committee recalls FNV’s comments about the high number of workers from Central and Eastern Europe working for temporary agencies and the abusive arrangements by unscrupulous agencies in the construction and transport sectors, leading to discrimination against migrant workers and false competition in the labour market. The Committee notes the Government’s acknowledgment that EU migrant workers may become victim of exploitation by fraudulent employers, including expensive and poor housing and long hours without overtime pay. The Government has been working with major cities and the social partners to combat exploitation by fraudulent employers, in particular in the context of the EU-project labour migration. The Committee also notes that the Government and the social partners developed an action plan in the context of the Social Agreement signed in 2013, to tackle sham contracting leading to unequal terms of employment. Noting that the Government and social partners have made proposals to improve self-regulation of private temporary employment agencies, the effectiveness of which will be evaluated in 2015, the Committee requests the Government to provide information on the outcome of this evaluation. Please continue to provide information on measures taken or envisaged, in cooperation with the social partners, to combat misleading information by employers and private employment agencies regarding conditions and terms of employment.

Article 6(1)(a)(i). Equal treatment with respect to remuneration. The Committee notes the Government’s indication that in order to address underpayment and exploitation of migrant workers, a maximum limit is imposed on deductions from wages for housing and health insurance costs. The Government however indicates that the court decided that the law does not forbid higher deductions from wages; the Committee notes that the Minister of Social Affairs and Employment has lodged an appeal against the decision. The Committee notes that a law is being prepared that will make it impossible to deduct costs (e.g. for housing) from wages, if this leads to a payment below the minimum wage. The Committee requests the Government to provide information on the outcome of the appeal lodged against the decision of the court on wage deductions, and on the progress made in the adoption of legislation prohibiting wage deductions leading to payment below the minimum wage. The Committee also requests the Government to continue to provide information on the monitoring activities of the Labour Inspection Services to ensure equal treatment between migrant workers and nationals with respect to remuneration for work of equal value, particularly in sectors and occupations in which migrant workers are predominantly employed.

Article 6(1)(a)(iii). Accommodation. The Committee notes the Government’s indication that there is an intention to incorporate norms for housing in collective agreements and that together with the social partners the Government has set up a Foundation for flexible housing standards (SNF); these standards are enforced through self-regulation and inspections. The Government also indicates that the Federation of Private Employment Agencies (ABU) observed an increase in the number of EU migrants who arrange their own housing and that many temporary work agencies contract housing out to professional companies. In 2013, an association for housing providers of migrant workers (VHA) was founded partly for this reason. The Committee requests the Government to provide examples of collective agreements ensuring adequate housing standards for migrant workers and to indicate how complaints regarding serious infringements of housing standards for migrant workers, including those set by collective agreements and in individual employment contracts, are being monitored and addressed.

Enforcement. The Committee notes that the Dutch Equal Treatment Commission merged into the Netherlands Institute for Human Rights in 2012, and that in the period 2012–13, a total of 14 complaints were submitted regarding racial discrimination at work. No complaints were submitted on the basis of nationality. The Committee requests the Government to continue to provide information on the number and nature of cases of unequal treatment dealt with by the Netherlands Institute for Human Rights and the courts, concerning terms and conditions of work, including remuneration, social security, and accommodation as referred to in Article 6(1)(a) and (b) of the Convention.