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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the joint observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV) received on 30 August 2023, and the Government’s reply received on 26 October 2023.

Article 1 of the Convention. Migration flows. The Committee notes the Government’s indication, in its report, that a total of 401,351 persons immigrated to the Netherlands in 2022. According to the Central Bureau of Statistics (CBS), 63.9 per cent of those immigrants had an European background, mainly from Central and Eastern Europe, with labour being the most common motive for immigration. According to CBS data, the share of immigrants in work remains lower for non-European Union (EU) nationals: of all immigrates from outside the EU/EFTA (European Free Trade Association) who entered the Netherlands in 2017 and were still there after one year, 17.3 per cent were employed or self employed, compared to 51 per cent for all EU/EFTA nationals. In 2022, a total of 32,370 work permits were issued out of which 76.3 per cent were issued for highly skilled migrants or EU Blue Card holders. The Committee requests the Government to continue to provide statistical information on: (i) the employment of migrant workers (European Union citizens and third-country nationals, distinguishing between third-country nationals with temporary, long-term and permanent residency permits) in the various economic sectors, disaggregated by sex and nationality, where available; and (ii) the number of permanent Dutch emigrants.

Information on national policies, laws and regulations. The Committee welcomes the Government’s indication that, in January 2022, the Foreign Nationals (Employment) Act (Wav) was amended with two main goals, namely: (1) extending the maximum duration of the work permit from 1 to 3 years; and (2) introducing compulsory wire transfers for the payment of remuneration to workers by prohibiting cash payments. The Government adds that several steps have been taken to ensure the protection of posted workers by transposing Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018, namely by: (1) amending the Terms of Employment of Posted Workers in the European Union Act (WagwEU) and Minimum Wage and Minimum Leave Allowance Act (WML); and (2) launching an online notification portal, in March 2020, to better identify when posted workers are in practice not receiving the employment conditions that they are entitled to. Furthermore, on 1 June 2023, the national legislation to implement EU Directive 2020/1057 also entered into force for posted workers in the road transport sector. The Committee further welcomes the Government’s indication that several information campaigns are being carried out by the Ministry of Social Affairs and Employment so that both employers and workers know their rights and obligations. The Committee however notes the Government’s statement that although more posted workers were registered in 2022, underreporting is still likely as figures only rely on data provided by the service providers and service recipients through the online notification portal. The Government adds in its reply that several measures are being implemented to get a better overview of migrant workers, including an investigation on how a duty of care on the part of employers in the registration process of migrant workers can be shaped. In that regard, the Committee notes that, in their joint observations, the CNV and the FNV express concern about the under-registration of posted workers which result in large governance gaps and a lack of accurate overview of the number of migrant workers in the Netherlands. The CNV and the FNV also remain concerned about exploitative working conditions of posted workers in practice as well as the lack of effective supervision, including regarding the length of postings. The Committee notes with concern this information and refers to its 2022 observation on the application of the Labour Inspection Convention, 1947 (No. 81), where it noted that the FNV and the CNV reiterated that the labour inspectorate is neither authorized nor sufficiently equipped to ensure the application of the collective agreements in relation to temporary posted workers. Noting the recent legislative developments, the Committee asks the Government to take steps to ensure thatposted migrant workers benefit from the protection provided for by the Convention, in practice. It further asks the Government to provide information on: (i) any awareness-raising activities carried out for employers and posted migrant workers regarding their rights and obligations with the aim of ensuring compliance with the legal requirements; (ii) the number of posted migrant workers registered in the Netherlands; and (iii) any assessment carried out of the impact of such measures, including the number of violations registered as a result of non-compliance with the WagwEU and the WML, sanctions imposed and remedies granted. The Committee asks the Government to continue to provide information on national policies, laws and regulations elaborated and implemented to give effect to the provisions of the Convention.

Article 3 and Annex I, Article 3. Measures against misleading propaganda and supervision of private agencies. The Committee notes the Government’s indication that, in October 2020, the Migrant Worker Protection Task Force made about fifty recommendations, in its report entitled “Not Second-Class Citizens”, for tackling abuses against migrant workers. According to the report, migrant workers often work for minimum wage, on flexible contracts and for temporary employment agencies, in sectors and occupations where native Dutch workers are difficult to find, and are often exposed to retention of wages and withholding of housing costs. The Committee welcomes the Government’s statement that it has decided to implement the Task Force’s recommendations as a matter of great urgency, as too many abuses are still taking place against migrant workers. In that regard, the Committee notes that the Bill on the Authorisation of the Supply of Labour was submitted to the House of Representatives in October 2023 in order to set up a mandatory certification system for temporary employment agencies operating in the Netherlands, regardless of whether they are established in the Netherlands or in another country. The Committee however notes that, in their joint observations, the CNV and the FNV highlight that, notwithstanding the Government’s proclaimed intentions, the situation is still deeply disturbing mainly as a result of the lack of public enforcement of existing laws and regulations. The Committee asks the Government to take effective steps to ensure adequate protection for migrant workers recruited or placed in its territory by private employment agencies in order to prevent them from becoming victims of misleading propaganda. It asks the Government to provide information on: (i) any measures implemented to that end, in particular as a result of the recommendations made by the Migrant Worker Protection Task Force; (ii) any legislative developments regarding the setting-up of a mandatory certification system for temporary employment agencies operating in the Netherlands, and any assessment made of its impact; and (iii) the number of prosecutions initiated against those making use of misleading propaganda to recruit migrant workers, and the penalties imposed.

Article 6. Equality of treatment, including accommodation The Committee notes that, in their joint observations, the CNV and the FNV recall their long established concern regarding EU migrant workers as regards their less favourable working and housing conditions, and deductions from their wages, while highlighting that a very disturbing development relates to abusive situations concerning third-country nationals from non-EU countries (Central and East Asia and South America), whose employers obtain work permits through other EU member states. The CNV and the FNV add that the Government acknowledges that these migrant workers are often in even more vulnerable situations, but does not ensure the enforcement of existing regulations. In that regard, the Committee notes that the Government ackowleges in its reply to the observations from the trade unions that thrid-country nationals are increasingly being posted to the Netherlands through other EU Member States, while highlighting that other EU countries are also facing the same issue. The Government adds that it is looking to work together with those countries in order to be stronger in the European approach and better cooperate with implementing organizations inside and outside the Netherlands. A mapping out of the various posting options for third-country nationals is being carried out in order to examine wether these are legal or whether there are bogus arrangements. As regards more particularly accommodations for migrant workers, the Committee notes that, in their joint observations, the CNV and the FNV indicate that, very often, the rented accommodation does not consist of an apartment or even a separate room, but of a bed that can be rented simultaneously to several workers who work and sleep in shifts. Private initiatives for certification and auditing have been developed but as the national legislation regulating housing and rent control is not applicable to these situations, the housing conditions of migrant workers are so far below any standard. The trade unions ask for the Government to put an immediate end to this situation while ensuring public supervision of accommodations rented to migrant workers. The Committee notes the Government’s statement that the Netherlands Labour Authority (NLA, formerly the Labour Inspectorate – SZW) has no role in the supervision of housing, but the Foundation SNF audits on a yearly basis the accommodations offered to migrant workers. In 2022, 10,000 accommodations were audited and since 2021, it is mandatory to have an SNF information card in the accommodation with relevant (contact) information in Bulgarian, English, French, German, Polish, Romanian and Spanish. The Government adds that this is probably an important explanation for the increase of complaints that were filed in 2022 (188 compared to 48 in 2020). The Committee notes with interest that the Good Landlord Act, which came into force on 1 July 2023, introduces a national basic standard for good landlordship in the shape of general rules, which landlords and rental agents must adhere to. In relation to migrant workers, who are defined in the Act as EU nationals, the general rules concern the prevention and combating of discrimination and intimidation, the obligation to put the tenancy agreement in writing and separately from the employment contract, and the obligation to inform the migrant worker about their rights and obligations with regard to the rented property in a language that the migrant worker can understand. Municipalities must have a hotline for complaints about landlords and, from 1 March 2024, a permit requirement will be introduced for renting accommodations. The Committee further welcomes the Government’s statement that, as a result of the recommendations made by the Migrant Worker Protection Task Force who concluded that there were too few housing sites for labour migrants and too many sites of substandard quality, a Bill will be submitted to Parliament in 2023 to make the point based value system mandatory, while including the rental of rooms or accommodations to migrant workers. This mandatory point-based value system would determine the maximum rent for rented rooms and municipalities, together with the rent tribunal, would be tasked with the enforcement of the maximum rent. The Committee however notes, from the statistical information provided by the Government, that the NIHR registered 59 cases of reported discrimination in the workplace from persons with a migration background in 2022, compared to 27 cases in 2019 (i.e a 118 per cent increase) and issued 24 decisions regarding discrimination on the ground of nationality in the workplace in 2022, compared to 5 in 2019 (i.e. a 380 per cent increase). Welcoming the recent legislative developements regarding the improvement of housing standards and conditions for EU migrant workers, the Committee asks the Government to provide information on: (i) any additional steps taken to ensure that, in practice, no less favourable treatment is applied to migrant workers, including third-country nationals from non-EU countries, than that applied to its own nationals, in respect of the matters set out in Article 6(1)(a)–(d) of the Convention, in particular remuneration, social security and accommodation; (ii) any assessment made of the measures implemented to that end so far; and (iii) the number of complaints about landlords registered by hotlines set up by municipalities and cases of unequal treatment against migrant workers dealt with by the labour inspectors, the NIHR, the courts or any other competent authorities and the penalties imposed.

Awareness-raising and enforcement. The Committee notes the Government’s statement that the labour inspectorate (NLA) is selective in its supervision, as it determines its priorities on the basis of risk analysis. The Government adds that the NLA cannot provide numbers regarding less favourable treatment of migrant workers, as it does not keep records that distinguish between migrant workers and nationals. In that regard, the Committee notes that, in their joint observations, the CNV and the FNV: (1) remain concerned about the lack of measures taken by the Government to ensure the effective enforcement of existing laws and regulations, in particular through the NLA; and (2) express specific concerns regarding the working conditions of migrant workers employed as care and domestic workers by private households, as the current legislation prohibits labour inspectorate to entry into dwellings. In that regard, the Committee notes the Government’s reply that, in some cases, the labour inspectorate is allowed to entry into dwellings. The Government adds that several initiatives are planned to enhance a better access to justice for migrant workers, including by: (1) ensuring a better access to the Legal Helpdesk (‘Juridisch loket’); and (2) making legal proceedings simpler and faster through the setting up of ‘proximity judges’ in a number of districts participating in the experiment. The Committee asks the Government to provide information on: (i) the measures taken or envisaged to strengthen the NLA and other law enforcement institutions in order to ensure that legislative provisions and regulations are adequately enforced, especially in sectors in which migrant workers are mostly employed, including domestic work; (ii) the activities undertaken by the labour inspectorate to that end, including awareness-raising activities for employers and migrant workers on their rights and obligations; (iii) the impact of the measures implemented with a view to ensuring a better access to justice for migrant workers; and (iv) the number and nature of violations detected by or reported to the NLA or other competent authorities, and the sanctions imposed.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 31 August 2017.

Article 1 of the Convention. Information on migration flaws, and laws and regulations relating to emigration and immigration. In its previous comment, the Committee had requested the Government to provide statistical information on migration flows. The Committee takes note of the information provided by the Government in its report indicating that in 2016, a total of 4,535 work permits had been issued to non-EU nationals and that the first countries of origins were India (1,559 permits), the United States (587 permits), and China (377 permits). The Committee further notes the indication from the Government that the current immigration policies favour the immigration of skilled migrant workers. In this regard, the Government indicates that the requirements for workers in start-up companies and graduate students to remain in the country to seek and pursue high skilled employment have been relaxed. In addition, according to the statistical data published by the Central Bureau of Statistics (CBS), the Committee notes that in 2017, 49.4 per cent of the jobs filled by foreign workers were occupied by EU citizens (of whom 43.5 per cent were Polish nationals), and that migrant workers were mainly employed in the sectors of business services and agriculture.

Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. The Committee previously noted the FNV’s comments that the free movement of service is increasing and should be better regulated, and requested the Government to provide information on the implementation of European Directive 96/71/EC on the posting of workers in the framework of the provision of services. The Committee notes that the Government indicates that the Minister of Social Affairs and Employment took the initiative, together with six ministers from other EU Members States, to send suggestions to the European Commission in order to find a better balance between free movement of services and the protection of workers’ rights. This initiative led to the adoption of Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. In this regard, the Committee welcomes the adoption of Directive (EU) 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, that include remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation. The Committee notes that Member States of the European Union shall adopt by 30 July 2020, the laws, regulations and administrative provisions necessary to comply with this Directive. On the application of the EU Directives on the posting of workers in practice, the Committee notes the concerns expressed by the Government concerning their improper or abusive use. The Committee also notes that in their observations, the CNV, the FNV, and the VCP call for a better implementation of the existing instruments to combat undesirable, exploitative and illegal practices against posted workers, including through the strengthening of the capacity of the labour inspectorate and an increased transnational cooperation. The Committee requests the Government to provide information on the measures taken to ensure that posted migrant workers benefit from the protections provided for by the Convention in practice.

Article 3 and Annex I, Article 3. Measures against misleading propaganda and supervision of private agencies. In its previous comment, the Committee noted the Government and FNV’s statement that a high number of European migrant workers were victims of abusive arrangements made by private employment agencies and requested information on the supervision of these agencies. The Committee also noted the Government’s indication that all parties agreed that further improvements were needed with regard to the self-regulation of private employment agencies. The Committee notes the Government’s information that a series of measures have been agreed upon with the social partners, leading to the improvement of the quality of the inspections and a better exchange of information between the Tax and Customs Administration, the labour inspectorate (SZW), and the foundations in charge of the self-regulation of private employment agencies (such as the Labour Standards Foundation (SNA), and the Collective Labour Agreement for Temporary Agency Workers Foundation (SNCU). In their observations, the CNV, the FNV, and the VCP, point out that the SNA issues certificates of compliance with the applicable standards to employment agencies that use schemes such as bogus self-employment, subcontracting and outsourcing to evade the application of the Collective Labour Agreement for Temporary Employment Agencies – resulting in unequal treatment and abuses. In this regard, the Committee takes note of the Government’s indication that the Dutch Labour Market Fraud (Bogus Schemes) Act, which penalizes exploitation, displacement, and unfair competition in labour conditions, was adopted in July 2015. In that regard, the Committee notes that the United Nations Human Rights Committee expressed concern about the growing number of migrant workers, particularly from Poland and Hungary, who are coerced by employment agencies to work under exploitative conditions. (CCPR/C/NLD/CO/5, 22 August 2019, paragraph 26). The Committee requests the Government to provide further information on the measures taken to regulate and supervise the activities of private employment agencies and the obstacles encountered.

Article 6(1)(a)(i). No less favorable treatment with respect to remuneration. Legislative developments. In its previous comment, the Committee noted the Government’s efforts to limit the deductions of housing and health insurance costs from the wages of migrant workers and requested information on the application of the principle of equal treatment with respect to remuneration. The Committee notes with interest the indication from the Government that the Dutch Labour Market Fraud (Bogus Schemes) Act (WAS), adopted in July 2015, introduced a joint liability for the payment of wages, from the lead principal contractor to the subcontractor. The Government also indicates that in order to avoid frauds: (i) the WAS introduced the obligation to pay at least the amount of the statutory minimum wage by bank transfer; (ii) real costs could no longer be deducted from the minimum wage – with the exception, under strict conditions, of average nominal premiums for health insurance and housing costs; and (iii) that deductions for housing costs are not authorized when the employer is responsible for providing housing to the workers (as is often the case for migrant workers). The Government adds that on 1 January 2017, corresponding changes were introduced in the Minimum Wage and Minimum Holiday Act. The Committee takes note of this information.

Article 6(1)(a)(iii). No less favorable treatment with regard to accommodation. The Committee notes the Government’s indication, in reply to its previous request for information on compliance with the applicable housing standards for migrant workers, that adequate housing standards are set in the collective agreement of the Federation of Private Employment Agencies (ABU) and the collective agreement of the Dutch Association of Job Placement Services and Private Employment Agencies (NBBU). The Government adds that a number of basic requirements for accommodations have also been included in the Collective Labour Agreement for Temporary Agency Workers and that ABU and NBBU members who work with migrants workers must meet the accommodation requirements set down in this agreement. The Government further indicates that the Foundation for Flexible Housing Standards (SNF) audits on a yearly basis the accommodation offered to migrant workers and that ABU and NBBU review whether their members comply with these accommodation standards. The Committee notes that, in their joint observations, the FNV, the CNV and the VCP indicate that ABU and NBBU do have standards on accommodation but points out that there are no guidelines on the housing price and that migrant workers are often offered zero or few hours contracts, just sufficient to pay for the bed rental and that if they are working more hours the bed rental price increases. The Committee asks the Government to provide information on the price-fixing for the rental of accommodation to migrant workers, as well as on the activities of the foundations and the labour inspectorate to enforce the minimum standards for the accommodation of foreign workers.

Enforcement. The Committee notes that, in their observations, the FNV, the CNV and the VCP highlight that there is a pressing need to enforce existing legislation applicable to the employment of migrant workers and that most infringements relate to the non-payment of minimum wages and unlawful deductions. The Committee notes that, while the FNV, the CNV and the VCP acknowledge that the WAS represents an advancement, they also indicate that in practice, it is difficult for migrant workers to file claims as they depend on their employer for their salary but also, in most cases, for housing. Therefore, the three organizations also call for a deeper cross-border cooperation between labour inspectorates, tax authorities and social insurance funds to combat fraud, such as bogus self-employment schemes. Regarding labour inspection, the Committee takes note of the Government’s indication that the labour inspectorate verifies whether employers comply with the national legislation on labour protection, focusing mainly on higher risk sectors such as agriculture, cleaning, intermediaries and construction. Furthermore, the Committee notes the Government’s indication that the Netherlands Institute for Human Rights (SIM) registered a number of discrimination complaints on the grounds of race and nationality. In this regard, the Committee also refers to its 2017 observation on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No.111), in which it noted the rising trend in the number of cases of racial discrimination reported to the SIM and the Anti-Discrimination Services (ADVs). The Committee requests the Government to provide further information on the activities of the labour inspectorate, such as, for example, information on the number of violations detected and on the sanctions imposed, to ensure that, in practice, migrant workers are not treated less favorably than nationals with regard to the matters covered by the Convention (and, in particular, with regard to remuneration). It also asks the Government to provide information on the number and nature of cases of less favorable treatment of migrant workers dealt with by the Netherlands Institute for Human Rights, the Anti-Discrimination Services, and the courts.

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

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV) dated 20 August 2012, which were forwarded to the Government for its comments.

Migration flows and new developments. The Committee notes the statistics provided by the Government for 2010 and 2011 on the sectors in which migrants are employed and on the work permits issued by nationality, indicating that most migrant workers are employed in agriculture, business services and the catering industry. Out of the 13,584 work permits issued in 2010, 2,734 permits were issued to workers from Romania, 2,380 to workers from China, 1,343 to workers from India and 866 permits to workers from Bulgaria. The Committee notes that the free movement of workers from Bulgaria and Romania will enter into force by the end of 2013. The Committee asks the Government to continue to provide statistical data, by sex and nationality, on the number of foreigners employed in the Netherlands, indicating, if possible, their migrant status (temporary, long-term resident or permanent) and the sectors in which they are employed.

Article 6 of the Convention. Equality of treatment. The Committee notes from the information in the Government’s report that the Equal Treatment Commission (ETC) dealt with 2,625 cases between 2007 and 2011 and that 957 judgments were passed and 1,668 other measures pronounced, including mediation. Out of the 2,625 cases, 1,328 cases were related to labour (730 judgments and 598 other measures) of which 44 cases involved discrimination based on nationality and 215 cases involved discrimination on the basis of race, although the Government indicates that cases of racial discrimination also concerned Dutch nationals with a foreign background. The Committee asks the Government to continue to provide information on cases dealt with by courts and the Equal Treatment Commission regarding discrimination of migrant workers, and to indicate whether these concerned the matters enumerated in Article 6(1)(a)–(c) of the Convention. The Committee also asks the Government to provide information on any activities carried out by the labour inspection services to monitor conditions of employment of migrant workers, particularly in the sectors in which they are mainly employed, and the results of these activities.

Equal treatment with respect to accommodation. Noting the FNV’s recommendation to address inadequate housing of migrant workers, especially since the provision of decent accommodation is often part of the terms and conditions of employment of temporary migrant workers, the Committee requests the Government to provide information on how the provisions in the employment contract regarding decent accommodation are being monitored and enforced in accordance with Article 6(1)(a)(iii) of the Convention, and the results achieved.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV), dated 20 August 2012, which were forwarded to the Government for its comments.

Article 6 of the Convention. Equality of treatment with respect to remuneration and enforcement. The Committee notes from the Government’s report that the most important change in the Government’s migration policy has been the free movement of workers to and from eight Central and Eastern European countries which joined the European Union (EU) in 2004. The Committee notes the results from the annual report of the labour inspection services on violations of the Foreign Nationals Employment Act (VAW) and the statutory minimum wage (WML). It notes that administrative penalties were introduced for violations of the VAW from 1 January 2005 and of the WML from 1 January 2007, as a condition for allowing the free movement of workers from Central and Eastern European countries. The Committee notes that in 2010, the labour inspection services detected 564 workers being paid below the statutory minimum wage, approximately 50 per cent of whom came from new EU Member States; 40 per cent were of Polish nationality and approximately 20 per cent of the workers were Dutch nationals. According to the Government, the data for 2011 were probably comparable to those of 2010. The Committee notes that the FNV draws attention to the lack of capacity of the labour inspectorate to monitor the working conditions of migrant workers and considers that the inspection services should concentrate on monitoring the payment of equal wages to nationals and migrant workers for work of equal value, rather than just the statutory minimum wage. The Committee notes that in its observations on the Labour Clauses (Public Contracts) Convention, 1949 (No. 94), the FNV indicates that the wage difference between the wage set by collective agreement and the statutory minimum wage can be as high as 20 per cent in labour-intensive sectors of the Dutch economy. Noting that the FNV considers that the full implementation of Convention No. 94, would substantially contribute to the prevention of discrimination between migrant workers and nationals, the Committee also refers the Government to its comments on this Convention. Furthermore, the Committee takes note of the recommendations of the FNV, in its letter of 21 June 2011 to the Minister of Social Affairs and Employment, to improve the knowledge and awareness of migrant workers from Central and Eastern Europe of their rights and terms and conditions of employment, to provide an information “log book” to migrant workers upon arrival, to strengthen the capacity of the labour inspection services to undertake “on-site” inspections, and to create a greater monitoring role for the social partners. The Committee requests the Government to reply to the observations raised by the FNV and recalls that Article 6 of the Convention requires ratifying States to apply, without discrimination based on nationality, race, religion or sex, to migrant workers lawfully in the country, treatment no less favourable than that which applies to its own nationals in respect of remuneration, in law and in practice. The Committee also requests the Government to provide information on the measures taken to further strengthen the capacity of the labour inspectorate to monitor equal treatment regarding wages paid to migrant workers and nationals beyond the minimum wage.

Article 3 and Annex I, Article 3. Measures against misleading propaganda and supervision of private agencies. The Committee notes that, according to the FNV, there are 300,000 workers from Central and Eastern Europe in the Netherlands, half of them working for temporary agencies, and recalls the importance of measures to protect migrant workers from misleading information stemming from intermediaries or employers, in accordance with Article 3 of the Convention. The Committee notes the Government’s statement that combating fraud in the labour market is one of the priorities of the Ministry of Social Affairs and Employment and that as of 1 January 2013, the administrative fines for labour law offences will be substantially increased. The Government also refers to the launching by the Ministry of Social Affairs and Employment of a multidisciplinary project which aims to strengthen the capacity of the labour inspectorate to tackle “mala fide” temporary work agencies, and to analyse policy measures. The first concrete measure resulting from the project, in which the FNV also participates, was the establishment of a hotline placed within the labour inspectorate, on “mala fide” temporary work agencies for all citizens and companies. The Committee notes that the FNV, while supporting the measures taken by the Government, draws attention to some persistent abusive arrangements by “mala fide” agencies in the construction and transport sectors, leading to discrimination against migrant workers and false competition in the labour market. The FNV further states that the system of self-regulation of private recruitment agencies, which became fully effective in January 2007 and which was to be evaluated in 2008, is not yet well functioning and that certified agencies do not always comply with the rules either. The Committee asks the Government to reply to the observations made by the FNV and to continue to provide information on the supervision of temporary work agencies and the results achieved. Please also indicate whether any code of conduct or other guidelines have been put in place to prevent the use of misleading propaganda leading to abusive practices by temporary work agencies as well as abuse and discrimination by private agencies of migrant workers.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

New developments. The Committee notes the legislative and policy changes since the last reporting period. It notes in particular the amendments made to the Foreign nationals (Employment) Act (WAV) introducing administrative penalties for illegally employing migrant workers. In addition, a simplified admission system has been put into place for “knowledge migrants” since 1 October 2004. Furthermore, the Public Employment Service has been succeeded by the Centre for Work and Income (CWI) charged with the implementation of the WAV. Concerning migration trends, the Committee notes that the transitional regime applying to some recent EU countries, except Bulgaria and Romania, has ceased to exist, meaning that nationals from these countries no longer have to apply for work permits. The Committee notes that in addition to the Integration of Newcomers Act, 1998, a number of other legislative measures have been taken aimed at promoting the civic integration of migrant workers in Dutch Society, such as the Civic Integration (Abroad) Act, 2005, and the Civic Integration Act, 2006. The Committee refers in this regard to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to continue to provide updated information on any new policy and legislative measures relevant to the application of the Convention.

Article 6 of the Convention. Equality of treatment and non-discrimination with respect to race, religion and nationality. The Committee notes the extensive information provided by the Government on the number of cases dealt with the by the Equal Treatment Commission involving discrimination based on race or nationality with respect to recruitment and selection of job applicants. The Committee recalls that, in its observations on Convention No. 111, it noted the continuing discrimination of ethnic minorities and immigrant men and women in employment and occupation and questioned the impact and effectiveness of the measures taken in achieving their genuine equality of treatment. The Committee recalls Paragraph 16(1) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), stating that migrants for employment should as far as possible be admitted to employment in the same conditions as nationals. Paragraph 17 of Recommendation No. 86 further provides that in countries where the number of migrants is sufficiently large, their conditions of employment should be specially supervised. With respect to race and ethnic origin discrimination against migrant workers in access to employment, the Committee refers to its 2008 observation on Convention No. 111. The Committee asks the Government to continue to provide information on cases dealt with by courts and the Equal Treatment Commission regarding discrimination of migrant workers, and in particular as regards the matters enumerated in Article 6(1)(a) to (d) of the Convention. The Committee also asks the Government to provide information on any activities carried out by the labour inspection services to monitor conditions of employment of migrant workers, particularly in the sectors in which they are mainly employed, and the results of these activities.

Article 6(1)(b)(ii). Equality of treatment with respect to social security. With respect to its previous comments concerning access to health insurance of asylum seekers and holders of a conditional permit (VVTV), the Committee notes the Government’s explanations that holders of a VVTV are registered under the Health Expenses Scheme for Asylum seekers (ZRA). The ZRA is a claims contract concluded by the Central Agency for the Reception of Asylum Seekers (COA) as a replacement for facilities reimbursed to residents and those considered equivalent to them by the Dutch health insurance fund and pursuant to the Exceptional Medical Expenses Act. Those entitled to have their healthcare expenses reimbursed under the ZRA are foreign nationals who make use of the provisions provided by the COA, unless otherwise specified. The Government further indicates that the COA has a master contract with the health insurer VGZ which specifies the entitlements.

Annex 1. Private recruitment agencies. The Committee notes that a system of self-regulation of private recruitment agencies became fully effective in January 2007, and will be evaluated in 2008. The Committee asks the Government to indicate whether any code of conduct or other guidelines have been put in place to prevent the use of misleading propaganda as well as abuse and discrimination by private agencies of migrant workers. Please also provide the results of the evaluation of the self-regulation system that was undertaken in 2008.

Permanent workers. Family reunification. The Committee notes the adoption of the Civic Integration (Abroad) Act, 22 December 2005, which requires some foreign nationals intending to apply for permanent residence, essentially for marriage or family reunification to pass a “compulsory basic civic integration exam” before entering the country. The exam fee has to be paid by the person concerned and passing the exam is a requirement to obtain an authorization for temporary residence to be considered further. Citizens of EU/EEA States as well as certain non-EU countries are excluded from taking the exam. While measures to facilitate family reunification are not required under this Convention, the Committee nevertheless wishes to recall Paragraph 15 of the Migration for Employment Recommendation (Revised), 1949 (No. 86), stating that provision should be made by agreement for authorization to be granted for migrant for employment introduced on a permanent basis to be accompanied or joined by the members of his or her family. Considering that the test, in combination with some increased financial requirements, may have a disproportionate impact on migrant communities from certain non-western countries, the Committee draws the attention of the Government to paragraph 482 of its General Survey of 1999 on Migrant Workers in which it indicated that separation of a migrant who has been granted permanent residence in a country from his or her family would appear to constitute unreasonable hardship. Noting that the Civic Integration (Abroad) Act, 2005 is under review, the Committee encourages the Government to ensure that permanent migrant workers from non-western countries do not face unreasonable hardship with respect to family reunification.

Statistics. Please continue to provide statistical data, by sex and nationality, on the Dutch nationals working abroad and the foreigners employed in the Netherlands, indicating, if possible, their migrant status (temporary, long-term resident or permanent) and the sectors in which they are being employed.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied in the Government’s report.

1. The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17), that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to provide copies of any new provisions of laws or regulations adopted, together with up-to-date information on its emigration and immigration policy. It would also be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

2. The Committee notes that according to the Decree dated 17 April 1997, asylum seekers and holders of a conditional permit ("VVTV") are no longer part of the Dutch health insurance fund. Instead these categories of persons shall obtain an expense coverage for their health insurance on the basis of an administrative contract with an insurer. The Committee asks the Government to supply further information regarding the categories involved as well as the conditions of conclusion of such contract, and to provide any result secured by the action taken. The Committee would be grateful if the Government would also provide a copy of a standard contract.

3. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, particularly with respect to the occurrence of discrimination against foreign job applicants. If so, please supply the text of these decisions.

4. In view of the growing role of private agencies in the international migration process, the Government is asked to state whether this tendency has any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placement and conditions of labour of migrants. If so, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse. Please also specify the penalties for infringements, particularly misleading propaganda.

5. Finally, the Committee asks the Government to continue providing statistics on Dutch nationals working abroad, and the countries of origin of foreigners employed in the Netherlands and to communicate the results, if any, of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.