Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Netherlands (Ratification: 1951)

Article 3(1) and (2) of the Convention. Functions of labour inspectors concerning the control of foreign workers without the required work permit. The Committee previously noted the Government’s indication that labour inspectors check compliance with the legal provisions pertaining to all workers, including foreign workers that are undocumented. While labour inspectors control whether foreign workers hold the required work permit, the control of the required residence permit does not fall within their responsibility. It also noted the Government’s statement that the labour inspectorate and the Immigration and Naturalization Service (IND) do not conduct joint inspection visits, but noted from the information available on the website of the labour inspectorate that labour inspectors are often accompanied by the (foreigners) police during inspection visits.

The Committee notes the Government’s indications that the labour inspectorate tries to prevent labour exploitation by controlling compliance with the legal provisions concerning working conditions, working hours, minimum wages and illegal employment. Accordingly, the labour inspectorate tries to prevent employers from hiring individuals that are not authorized to work in the Netherlands, who are especially vulnerable to exploitation. It further explains that there are no immediate consequences for workers when they are illegally employed; only employers may be fined under the relevant legal provisions, and the Government reiterates that undocumented foreign workers without the required residence permits can claim their outstanding wages before the civil courts. The Committee requests the Government to provide detailed information on the actions taken by the labour inspectorate in relation to foreign workers where they are found to be working without the required work permits (informing foreign workers about their rights to claim their outstanding wages before the civil courts, notification to the immigration authorities, etc.). Please also provide information on the number of cases in which foreign workers without the required work or residence permits have been granted their due rights (number of cases submitted to the courts and their outcome), and the role played by labour inspectors in this regard.