NL – Migrant Workers, 2nd NAP

Pillar I

Inclusion of ‘business and human rights’ in the Netherlands’ national policy

Combating abuse of migrant workers

“Migrant workers make a major contribution to the local and national economy. Various sectors, including agriculture and horticulture, construction and logistics, are dependent on migrant labour. Migrant labour will continue to be important to the Dutch economy and society in the coming years.

However, the COVID-19 pandemic has painfully exposed how many violations migrant workers still have to contend with. Examples include substandard housing, underpayment and unhealthy and unsafe work − all areas in which workers’ dignity is undermined. These are often exacerbated by multiple forms of dependency on employers including, for example, the workers’ irregular status, compulsory accommodation and accumulated debt. Female labour migrants face additional risks such as domestic and sexual violence. That is why in 2020 the Dutch government set up the Migrant Worker Protection Task Force. Headed by Emile Roemer, the Task Force aimed to make recommendations for the structural improvement of migrant workers’ living and working conditions and on reducing their dependence on their employer. This will facilitate better protection of their human rights including the right to fair employment conditions and the right to protection from unemployment. The Task Force made 50 recommendations on how to improve the position of labour migrants. Full implementation of the report should make a valuable contribution to business and human rights, with the mandatory certification of employment agencies being particularly significant.

The government seeks to exclude employment agencies which exploit labour migrants from the market. The Task Force report also states that the interdependence between housing, work, transport and care must cease. Because health insurance is often arranged through the employer, if a worker loses their job they also lose access to insurance. The fact that the employer or employment agency is also the landlord can lead to excessive dependence, with an employee possibly forced to leave their place of residence when their job ends. As agreed in the coalition agreement ‘Looking out for each other, looking ahead to the future’, the government is elaborating plans for the compulsory certification of employment agencies that proves that they comply with all relevant legislation and that they deal properly with issues such as appropriate remuneration and housing. The specific substance of these requirements and the certification system to be established will be worked out in consultation with social partners. To be a success, the compulsory certification system will require extra investments targeted at enforcement and monitoring. The details of a compulsory certification system will be shared with the House of Representatives in mid-2022. The Task Force further specifically recommends that labour users working with foreign employees should be transparent about this in their annual report.

A serious problem in tackling labour exploitation is the grey area between poor employment practices and human trafficking. In order to expedite the prosecution of perpetrators of human trafficking, including labour exploitation, the coalition agreement foresees modernising article 273f of the Criminal Code. One of the aims is to make the entire system more accessible and to increase criminal liability for labour exploitation.” pp 26 and 27.

ACTION POINTS PILLAR I	Aim	Responsible party	Timeline
Combating Abuse of Migrant workers
Implement report by Migrant Worker Protection Task Force.	Prevent abuse of migrant workers.	SZW (coordinating ministry); Interministerial Project Team on Migrant Workers leads and monitors.	Annual report on EU labour migration to House of Representatives, reporting on progress on the various recommendations, each with its own timeline.
Modernise article 273f of the Criminal Code	Improve prosecution of perpetrators.	J&V (coordinating ministry for whole of article 273f); SZW responsible for tackling labour exploitation.	The House of Representatives will be informed in the summer of 2022.

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Combating labour market discrimination

“The NBA refers to the National Action Plan on Labour Market Discrimination as an example of the broader integration of the UNGPs into policy instruments. The Action Plan on Labour Market Discrimination was presented in 2018, and included a range of activities aimed at combating this discrimination. These included activities focusing on improved monitoring and enforcement, on research and on raising awareness among and communication to employers and employees. Combating discrimination in the recruitment and selection of trainees is also part of the approach. This action plan ran until 2021 and is being replaced in 2022 with a new Action Plan on Labour Market Discrimination. Any follow-up activities aimed at combating labour market discrimination will, as appropriate, refer to business and human rights frameworks such as the UNGPs and the OECD Guidelines for Multinational Enterprises as well as the ILO’s Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. Consideration will also be given to which activities, such as legislation, research or communication, are suitable to refer to.” p. 29.

ACTION POINTS PILLAR 1	Aim	Responsible party	Timeline
Combating Labour Market Discrimination
Refer where appropriate to relevant business and human rights frameworks – the UNGPs and OECD Guidelines – in any follow-up activities aimed at combating labour or labour market discrimination (e.g., legislation, research or communication).	Integrate relevant international frameworks and action plans	SZW	2022
Draw up an Action Plan on Labour Market Discrimination referring where relevant to the UNGPs and OECD Guidelines	Integrate relevant international frameworks and action plans.	SWZ	2022

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