Have you checked whether the workers you have hired are authorised to work in the Netherlands? You can find the answer in the updated checklist (Dutch) provided by the Netherlands Labour Authority. The checklist has been developed for employers who hire workers via an employment agency or other supplier.
The checklist (Dutch) clarifies what employers can and must look out for when hiring staff. In actual fact, employers are often unaware that they share responsibility for ensuring good working conditions and terms of employment for the workers they hire. The Netherlands Labour Authority developed the checklist in collaboration with the Tax and Customs Administration, the Employee Insurance Agency (UWV), the Social Insurance Bank (SVB) and organisations from the temporary employment sector.
The hiring party is jointly responsible
In practice, the Netherlands Labour Authority has observed that companies that hire workers often fail to realise that they share responsibility with the supplier for ensuring fair, healthy and safe working conditions. Whenever an employer hires someone, they are obliged to know, for example, who is coming to work for the company and they must also ensure that all the necessary arrangements are made for and with the worker in question.
Hiding behind an employment agency
During inspections, the Netherlands Labour Authority regularly observes both a lack of clarity about the abovementioned shared responsibility and agency workers who are working illegally in the Netherlands. This checklist makes it more difficult for employers to hide behind a temporary employment agency in such situations. Employers are obliged to check whether a worker is authorised to work in the Netherlands and have joint responsibility in this respect, even if they hire staff via a supplier.
Practical guidance for employers
The checklist provides employers with practical guidance on what to look out for when hiring workers. It enables them to keep a closer eye on compliance with terms of employment and safety in the workplace. The revamped checklist is available at checklistuitleners.nl (Dutch).
