Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Netherlands

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1951)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1973)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the joint observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) on Conventions No. 81 and No. 129 received on 28 August 2024.

Articles 3, 10 and 16 of Convention No. 81 and Articles 6, 14 and 21 of Convention No. 129. Number of labour inspectors and frequency of labour inspections to ensure the effective discharge of inspection duties. Further to its previous comment, the Committee notes the Government’s information regarding the achievements of the Inspection Control Framework, which include: (i) restoring the balance between reactive and risk-based inspections; (ii) the Netherlands Labour Authority (NLA) participating in joint major hazard control inspections in 93 per cent of cases, alongside training programmes for new inspectors; (iii) advancing information-driven work, with the goal of establishing a fully controlled, data-driven approach by 2026; and (iv) increasing intervention coverage for fair work, with the enforcement rate for the initial occupational safety and health (OSH) inspections reaching the target value of 50 per cent in 2023, an improvement over 2022. The Committee also notes the statistics provided by Government, indicating that: (a) in 2023, there were 1,753 full-time labour inspectors, compared to 1,591 in 2022 and 1,510 in 2021; (b) 14,906 inspection visits were conducted in 2023 (398 in the agriculture sector), compared to 12,037 in 2022 (435 in agriculture) and 13,754 in 2021 (563 in agriculture); (c) 428,230 workplaces were liable for inspection (38,391 in agriculture), with 9.7 million workers employed; (d) 2,960 sanctions were imposed in 2023, compared to 3,156 in 2022 and 1,561 in 2021; and (e) 82,000 industrial accidents and 2,971 occupational diseases were reported in 2022. Additionally, the Committee notes the FHV and CNV’s observation, stating that despite the small increase in the staff indicated by the Government, the Labour Inspectorate still does not have the capacity to properly perform its functions. The Committee requests the Government to continue adopting the necessary measures to ensure the inspectorate’s capacity to carry out its primary functions as set forth in Article 3(1) of Convention 81 and Article 6(1) of Convention 129, and to inspect workplaces with the necessary frequency and thoroughness. It also requests the Government to continue to provide information on the total number of labour inspectors, inspection visits, workplaces liable to inspection and workers employed therein, violations detected and penalties imposed, as well as on the number of industrial accidents and occupational diseases. The Committee requests the Government to continue to specify in the requested information the statistics relating to the agricultural sector.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions of labour inspectors with regard to foreign workers. 1. Enforcement of migrant workers’ statutory rights. In response to its previous comment, the Committee notes the Government’s indication that the NLA enforces labour regulations without considering the migrant status of employees, and, as a result, does not record this information, making specific statistics on migrant workers unavailable. The Government also informs that joint inspections with the police are primarily organized to ensure the safety of inspectors, with police officers independently deciding if and how they will enforce the laws under their supervision. In cases of suspected human trafficking, alleged victims who submit complaints or signals to the Inspectorate are not reported to the Aliens, Identification, and Human Trafficking Department (AVIM) of the police. The Committee further notes the FNV and CNV’s indication that migrant workers are disproportionately affected by the labour inspectorate’s limited capacity, as enforcement of labour rights often relies on trade unions, which are frequently denied access to workplaces in sectors with high numbers of migrant workers. These sectors remain largely unknown, and underfunding of the inspectorate exacerbates this issue by making violations less visible and underreported. The FNV and CNV also indicate that the Government fails to provide data on the actual enforcement of workers’ rights. The Committee requests the Government to provide detailed comments in this respect. The Committee also requests the Government to provide further information on the actions undertaken by the labour inspectorate in the enforcement of employers’ obligations towards migrant workers. In this respect, the Committee also refers to its comments under the Migration for Employment Convention (Revised), 1949 (No. 97).

2. Numbers and outcomes of judicial proceedings related to inspections or actions taken by labour inspectors. The Committee notes the Government’s indication that the Labour Inspectorate concluded four criminal investigations into labour exploitation, along with 37 investigations of serious detriment in 2022, and five criminal investigations into labour exploitation in 2023. The Government further informs that the NLA conducts criminal investigations into complaints and signals of labour exploitation under section 237f of the Criminal Code. However, it notes that not every complaint or signal leads to a criminal investigation, as cases may lack sufficient evidence and the Public Prosecutor’s Office may decide to terminate the investigation. In such instances, reports can be pursued through administrative channels. The Committee requests the Government to provide further information on the number of judicial proceedings on all matters, including labour exploitation, resulting from inspections carried out or actions taken by labour inspectors. It also requests the Government to continue to provide information on the number and outcomes of administrative procedures conducted in relation to cases of labour exploitation.

3. Measures to strengthen labour inspection in temporary employment agencies. The Committee notes that the Government informs that, following the recommendations of the Cabinet’s advisory team formulated in 2020 to investigate the situation of migrant workers, a bill has been presented to introduce a ‘reporting and verification obligation for notifiable occupational accidents by lending employment agencies’, consisting of a legal obligation for employment agencies to report serious and fatal occupational accidents to the NLA, so that the agency can determine whether it is safe to return to work for the same hirer. The Government indicates that the aim is for this bill to come into force no later than 1 January 2026. In addition, the Committee notes the Government’s indication that the Cabinet’s advisory team recommendations have also led to the drafting of a bill introducing a public admission system for temporary labour services. Under this draft legislation, starting in 2026, temporary employment agencies will only be allowed to assign workers if they are officially approved by the Minister of Social Affairs and Employment. To obtain approval, agencies must periodically submit a standards framework report demonstrating compliance with labour, social security and tax regulations. They are also required to provide a Certificate of Good Conduct and prove financial security through a deposit. In addition, the Government informs that the Labour Inspectorate will supervise the compliance with these admission requirements and impose fines on noncompliant parties, and that the Labour Inspectorate’s capacity will be increased to strengthen supervision. The Government informs that this bill was submitted to Parliament in October 2023 and is currently under discussion. The Committee requests the Government to continue to provide information on progress toward the adoption of the bills drafted following the recommendations of the 2020 Cabinet’s advisory team, as well as on other relevant legislative developments or measures adopted in relation to the strengthening of labour inspections in temporary employment agencies, and the impact of these measures. The Committee also refers to its comments under Article 3 and Annex I, Article 3 of the Migration for Employment Convention (Revised), 1949 (No. 97).

4. Application of collective agreements to temporary posted workers. The Committee notes the information provided by the Government that the primary responsibility for ensuring the application of collective agreements rests with social partners. It states that in the temporary employment sector, joint bodies such as the Foundation for Compliance with the Collective Labour Agreement for Temporary Workers (SNCU) have been established to monitor compliance with these agreements. The Government further informs that, under section 10 of the Law on the Declaration of Universally Applicable Collective Agreement (AVV Act), social partners can request the NLA to initiate an investigation if there are indications that collective agreements are not being followed, and social partners or other concerned parties can submit a substantiated request to the NLA if they suspect violations of the Dutch Posting of Workers by Intermediaries Act (Waadi). The Committee requests the Government to provide further information on investigations conducted by the NLA related to alleged noncompliance of collective agreements regarding temporary posted workers, including the outcomes of such investigations. The Committee also requests the Government to indicate the number of cases of violations of the Waadi identified by labour inspectors, the investigations initiated, and the sanctions imposed.

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