The Netherlands Labour Authority has observed that temporary workers sometimes have to wait hours, days or even weeks for work without being paid, whilst still being required to remain available to the employment agency. In such situations, they will then stay in residential accommodation or at the workplace itself and must remain on immediate call for long periods of time. This practice is putting workers, and particularly migrant workers, in a vulnerable position. The Netherlands Labour Authority has also observed that the workers themselves bear the costs and risks associated with fluctuating work availability. This appears to be a revenue model designed for and by employers.
Inspectors and investigators from the Netherlands Labour Authority encounter situations in practice (during inspections) in which workers are required to wait for work without receiving any pay. The Netherlands Labour Authority has collected and analysed these real-life stories (Dutch) to identify recurring patterns.
Waiting for work
Workers are required to wait, for example, in their residential accommodation until they are called out, they are required to report to the workplace despite no work yet being available, or they have to remain on call all day. They often have no idea when they might be able to start work or how many hours they will end up working.
No work, no pay, but ongoing rising costs
Whilst they wait the workers' costs for accommodation, living expenses and transport continue to rise. Anyone who works little or not at all, but still has to pay these costs, may end up in financial difficulty. In addition, they may become increasingly dependent on the employment agency or the employer. This is particularly true when work, accommodation and transport are all arranged via the same organisation and the employee may become increasingly indebted to the employer as a result.
Staff have to be available immediately
The real-life stories (Dutch) reveal a recurring pattern. Organisations that hire workers want to be able to deploy these extra staff quickly, either to cope with a surge in workload or to cover for absent workers. Employment agencies sometimes try to meet that demand by keeping more people on their books than there are immediate job vacancies. In addition, workers are occasionally recruited (sometimes even from abroad) whilst it is still uncertain whether there is enough work for them to do.
The risks are borne by workers
In the situations described, the consequences of that uncertainty are borne by the workers. They have to remain available, even though they do not always know if or when they will be able to earn an income. Sometimes this leads to debt and increased dependency on their employer or employment agency.
Characteristics of a revenue model
The Netherlands Labour Authority sees this 'waiting for work' as indicative of a revenue model. It enables companies to organise their staffing requirements flexibly, whilst the costs and risks of waiting are borne by the workers themselves. There is no financial benefit for employers who do comply with the rules.
Financial benefit
The Netherlands Labour Authority has already published information on revenue models (Dutch). 'Waiting for work' contains elements that tie in with this concept, whereby employers combine various practices to maximise their financial benefit, with the possible results being poor working conditions, serious discrimination or even labour exploitation.
Reporting helps!
This survey of people ‘waiting for work’ is a first step. The Netherlands Labour Authority is continuing to monitor reports on the issue and is also discussing these with supply chain partners and civil society organisations in order to gain a better insight. Reports and tips are important when it comes to identifying and tackling instances of abuse. Reports can be submitted using the notification form on the Netherlands Labour Authority website. Additional information on fair working practices can be found at zelfinspectie.nl (Dutch).
