A posted worker, such as an agency worker or payroll employee, is entitled to the same terms and conditions of employment, such as wages and other allowances, as an employee employed by the hirer and holding an equal or equivalent position; Section 8 or Section 8a of the Placement of Personnel by Intermediaries Act (Dutch).
You can file a report with the Netherlands Labour Authority if you suspect that posted workers are not being offered the same working conditions as workers employed by the hirer. A report can be made, for example, by an employee or a union.
How does an investigation proceed?
The Labour Authority can launch an independent investigation after receiving a report. Inspectors from the Netherlands Labour Authority make one or more visits to the workplace and/or the place where the records are kept. This may be unannounced. The inspectors first identify themselves and explain the purpose of their visit. Inspectors may question and hear present employees, temporary workers, company representatives and so on as witnesses. They can also request access to the records. These documents can be taken away for copying. The inspector may ask questions of other companies involved in the investigation, such as employment agencies or hirers.
The inspectors of the Netherlands Labour Authority have been appointed supervisors for the Placement of Personnel by Intermediaries Act based on the 'Designation regulation on supervisory officials and officials with specific implementation tasks under SZW legislation'. The inspectors of the Netherlands Labour Authority conduct their investigations based on the powers listed in the General Administrative Law Act. The parties involved are obliged to cooperate (Dutch) with an investigation by the Netherlands Labour Authority.
Report
After the investigation, the inspector makes a (draft) report. This report contains the facts and circumstances revealed by the investigation. All annexes, such as anonymised witness interviews and employment contracts, are also attached to the report. If the company has failed to comply with Section 8 or 8a of the Placement of Personnel by Intermediaries Act, it will first be given the opportunity to respond to the report in writing within 4 weeks. This response is annexed to the report. The inspector then sets out where the findings will or will not be amended.
The final report is then sent to stakeholders such as the reporting party and the company. An employers' or employees' association can also be a stakeholder.
Section 8 and 8a of the Placement of Personnel by Intermediaries Act do not carry a fine by law. This means that the Netherlands Labour Authority cannot impose a fine or other penalty if this article is violated. It is up to the reporting party to take follow-up action, for example by filing a civil lawsuit.
Reporting violations
Do you want to report a possible violation of the Placement of Personnel by Intermediaries Act? If so, call the Netherlands Labour Authority: 0800 51 51.