NL – Worker’s Rights, 2nd NAP
Pillar I
Inclusion of ‘business and human rights’ in the Netherlands’ national policy
Labour market policy and employment law
“Human rights violations by businesses, including violations of labour rights, persist in the Netherlands, despite existing policy instruments aimed at preventing them. Although Dutch foreign policy considers violations of labour rights to be a human rights matter, NBA researchers concluded that within the Netherlands the issue is seldom viewed from the perspective of human rights and is more frequently approached in the framework of employment legislation and collective labour agreements. In many cases, human rights obligations are implemented at national level through employment law. This is also how the NAP approaches this issue.” p. 26
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. 26-27.
| 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. |
p. 28
Protecting human rights defenders
“The work of human rights defenders is vital to the protection of human rights. Examples include trade union leaders fighting for workers’ rights…
Through the Power of Voices (PoV) partnerships the Netherlands also supports human rights defenders who highlight business-related violations of labour and environment rights or who identify investments which have a negative impact on people and their environment. …” Pp 38 and 39.
Development cooperation
Sustainable trade with and investment in developing countries
“The interests and specific circumstances of developing countries must be taken into account when drafting national, European and international agreements aimed at improving the sustainability of trade and investments. Examples include … labour …. The cornerstone of this is to determine the development impact of efforts to make trade and investment more sustainable, especially the impact on vulnerable groups such as indigenous peoples, small-scale producers, workers and agricultural labourers, with a particular focus on women and young people. This should reinforce the efforts’ positive effects and, as far as possible, prevent and mitigate any negative side effects. Developing countries receive several forms of support. … Second, Dutch civil society organisations such as trade unions and employers’ organisations receive funding to, on the one hand, strengthen sister organisations in developing countries (for example through dialogue with other local stakeholders) and, on the other, to advocate at international level the interests of, in particular, small-scale producers and workers. Third, a range of Dutch and international implementing organisations make efforts to improve the business climate and supplementary government policy in developing countries, focusing particularly on SME producers as the ones playing the most significant role in poverty alleviation. Examples include providing access to financial services, improving infrastructure and building capacity for entrepreneurs and their trade associations. Fourth, efforts are made to increase the sustainability of international value chains by working jointly with businesses, civil society organisations and other levels of government on improved procurement practices and new revenue models with a focus on work, a living wage and income, land rights and land use and the elimination of child labour.” p.46.
The Trade Union Cofinancing Programme for Decent Work for All
One of the most important goals of trade unions around the world is decent work for all (SDG 8). Mondiaal FNV, the international arm of the Dutch Trade Union Confederation FNV, collaborates with the Ministry of Foreign Affairs to implement the Netherlands’ Trade Union Cofinancing Programme (VMP). With Dutch government financing, Mondiaal FNV supports trade unions in the Global South, for example in participating in social dialogue. This strengthens trade unions’ mandate to negotiate employment conditions on behalf of employees and with employers and governments on legislation. An essential precondition for decent work is that trade unions can organise freely and are recognised as a negotiating partner by employers and governments. The VMP promotes respect for the right to organise by working with local partners and other actors in areas where this democratic freedom is not respected. Examples include the VMP’s contribution in Ghana to research and to bolstering the Ghana Trades Union Congress, resulting in social dialogue with the government and employers; social dialogue in Rwanda resulting in the introduction of certificates recognising work experience, thus enabling low-skilled workers in the construction industry to improve their career prospects; and the important role played by trade unions in Ethiopia in drafting the first minimum wage law. In addition to engaging in social dialogue, trade unions stand up for individuals, for example in cases of sexual intimidation and dismissal or threats of dismissal due to trade union membership. Unions also champion the right to collective bargaining at company and industry level, and defend victims of unsafe working practices on palm oil plantations and in the construction industry. In addition, Mondiaal FNV works with partners in value chains, for example through the RBC agreements.” p.47.
Pillar III
Strengthening civil society
“CNV International and Mondiaal FNV (the international arms of Dutch trade union federations) are supporting workers’ organisations so that complaints can be lodged and dealt with as locally as possible.” p.69.