The Netherlands Labour Authority identified violations of the Posted Workers in the European Union (Working Conditions) Act (WagwEU) and the Minimum Wage and Minimum Holiday Allowance Act (WML) at 2 companies operating in the removals sector.
A registered Dutch removals company had hired 4 Polish workers from a Polish removals company to work in the Netherlands through international posting. However, the Polish company was unable to demonstrate that these workers had been paid correctly in Poland in accordance with Dutch law, because this could not be calculated on the basis of the payslips provided. It worked with daily allowances, but this is not permitted in the Netherlands. The violations could lead to fines of around € 30,000.
WagwEU
The WagwEU entitles posted workers to the key employment conditions offered by the Netherlands. These include the right to minimum wage, adequate breaks, a healthy and safe workplace, and a minimum number of days' leave. In addition, foreign employers are subject to a number of administrative obligations, including the requirement to give notice of the service being performed in the Netherlands. The Netherlands Labour Authority regularly sees companies making improper use of the WagwEU by recruiting workers abroad to reduce labour costs. This is a business model described in our report on earning from labour migrants (Dutch).
Additional inspections in the removals sector
Last year, the Netherlands Labour Authority announced additional inspections in the removals sector, specifically focusing on fair work and physical strain. The Netherlands Labour Authority checks compliance with the applicable rules when workers are hired from outside the Netherlands. It also investigates the structures used in this context.
Reporting helps!
The Netherlands Labour Authority frequently identifies violations relating to fair work. The Action Plan for the Verification Obligation helps to check whether an employer is acting correctly. The Netherlands Labour Authority emphasises the importance of reporting unfair, unsafe or unhealthy working conditions. Reports and tips are indispensable in tackling these kinds of abuses. Abuse can be reported through our website. More information is also available at zelfinspectie.nl (Dutch).