One of the guiding principles of the Netherlands Labour Authority is that citizens, businesses and organisations are themselves responsible for complying with legislation and regulations relating to safe, fair and healthy working conditions and the right to a livelihood for everyone. But what if they fail to do so? In that case, it is the Labour Authority's job to put that citizen, company or organisation back on the right track. The Labour Authority has a number of resources available for this.

Horizontal supervision

Horizontal supervision is based on mutual trust between the supervisory authority and the firms or institutions subject to supervision. The parties agree on how they will interact with one another, for example in a voluntary agreement.

Compliance communication

Compliance communication is the use of communication to promote compliance with laws and regulations. 1 aspect of this is enforcement communication: this is specifically aimed at increasing the perceived likelihood of getting caught. Compliance communication operates on 3 levels:

  • Communication regarding the approach and priorities of the Netherlands Labour Authority, via its own channels or the media.
  • Communication regarding legislation and regulations, and the tools used by the Labour Authority.
  • Communication as a tool for changing behaviour, in combination with other tools.

System supervision

To guarantee safety and quality, some companies and sectors implement quality and safety systems under their own responsibility. Through system supervision, the Labour Authority assesses the design, scope and operation of these self-regulatory systems. 1 of the conditions for this form of supervision is that companies or sectors have a direct vested interest in managing the risks. The Labour Authority uses system supervision for companies covered by the Hazards of Major Accidents (Brzo) legislation, for example.

Systemic supervision

Systemic supervision focuses on implementing bodies that are required to cooperate for specific purposes. These bodies form a coherent network of functional relationships. Under this type of supervision, the Labour Authority assesses the extent to which these parties, through their joint implementation, contribute effectively to certain government objectives. The Netherlands Labour Authority carries out systemic supervision of the social security system, as well as of certification schemes and personal registration systems within the field of working conditions.

Exerting pressure through chains

When exerting pressure through chains, the Labour Authority does not focus on the companies under its supervision, but on the organisations and people around them. These include other companies and organisations that form a (hierarchical) chain with the company. This could be a local authority, a client or the main contractor that hires companies, or a company with peak workloads that does business with a temporary employment agency. The company's employees are also part of a chain and can, possibly through trade unions, exert pressure on the employer. For example, to improve working conditions. This form of supervision is particularly effective in sectors where professional integrity matters and where the trade association plays an active role.

Repressive supervision

  • Where rules are violated, the Netherlands Labour Authority may take administrative enforcement action.
  • Under the authority of the Public Prosecution Service, the Netherlands Labour Authority uses criminal enforcement measures to tackle criminal offences. Criminal investigative powers may be necessary and justified to unravel sham constructions, uncover and prove criminal offences, identify those who facilitate violations and take financial action against violating parties.

Use of tools to prevent reoffending

Under its risk-based approach, the Netherlands Labour Authority primarily targets companies where abuses are taking place or where the rules are systematically violated (notorious offenders). A single visit is not always enough to ensure that these companies and organisations comply with labour laws. Since 2013, the Labour Authority has a specific set of tools at its disposal to deal effectively with companies that repeatedly break the law.

The Netherlands Labour Authority re-inspects companies found to be non-compliant during the initial inspection. It continues to do so, using increasingly stringent enforcement measures where necessary, including suspending work in the event of repeat offences.

Data from the annual National Working Conditions Survey (NEA)

The Labour Authority uses sources such as Statistics Netherlands (CBS) and TNO for its risk-based supervision. Statistics Netherlands (CBS) conducts the annual National Working Conditions Survey (NEA) in collaboration with TNO. The NEA is a large-scale, representative survey involving more than 60,000 employees. They provide information about their working conditions and terms of employment via a questionnaire. The NEA is a key source for the Labour Authority-wide risk analysis.

The NEA is also used for analyses that help programmes decide which problems to address. View factsheets based on NEA figures (Dutch).