Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s first report. In order to examine more fully the effect given to the provisions of Articles 2, 7, 10, 11, 12 and 14 of the Convention, the Committee would appreciate receiving copies of the legislation cited in the Government’s report, in particular the Placement of Personnel by Intermediaries Act, 1998, and its amendments, the Employment Brokering Decree, and the Flexibility and Security Act, 1998.

The Committee would also appreciate receiving further information on the following points.

Article 6 of the Convention. The Committee notes the adoption of the Personnel Data Protection Act, 2000 which is intended to replace the Data Protection Act. Please forward a copy of the Act.

Article 8, paragraph 1. The Committee notes the Government’s statement that Dutch legislation gives preference in employment to Dutch nationals and nationals of countries in the European Economic Area (EEA), and consequently has introduced restrictions on employment of nationals from outside the EEA. Please specify how the Foreign Nationals (Employment) Act provides adequate protections for, and prevent abuses of, workers recruited or placed in the Netherlands by private employment agencies.

Article 8, paragraph 2. Please indicate whether bilateral agreements have been concluded with countries with substantial migrant flows to or from the Netherlands, and specify how they prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 13. Please indicate the measures which promote cooperation between the public employment service and private placement agencies, and the employers’ and workers’ organizations consulted for this purpose. Please also provide examples of the information gathered from private placement agencies and indicate how this information is made publicly available and the intervals at which this is done.

Article 14. The Committee notes the Government’s statement that in practice, the Labour Inspectorate investigates very few complaints. Please provide further information on how compliance with the provisions of the Convention is monitored.

Part IV of the report form. The Committee notes that the Government intends to abolish supervision of private agencies and instead strengthen the position of employees under civil law. Please provide further information on this plan, and state whether courts of law or other tribunals have given decisions relating to the application of the Convention.

Part V. Please give a general appreciation of the manner in which the Convention is applied in practice, and supply extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.