Currently, the Dutch Labor Inspectorate can temporarily suspend operations at a company under the Occupational Health and Safety Act when there is serious danger to individuals. An exploration by the government shows that this legal option can also be applied in cases of serious violations.
Serious violations include situations where an employee faces a combination of poor conditions such as receiving very low wages, having to sleep at the workplace, working long hours, being in the country illegally, having bank cards and travel documents confiscated, uncertainty about who the supervisor is, missing or inadequate administration, and physical or psychological violence.
Minister Eddy van Hijum of Social Affairs and Employment: ‘In a civilized country like the Netherlands, we must treat labor migrants more decently. By suspending operations at companies, the Dutch Labor Inspectorate has an additional measure to tackle the profit model of unscrupulous temp agencies and employers who exploit labor migrants harshly.’
The measure is aimed at suspending workplaces or operations that pose serious danger. There could also be a situation where the combination of factors leads to the suspension of all operations within the company. The suspension will be lifted as soon as there is no longer any serious danger.
The inspectors of the Dutch Labor Inspectorate will receive guidelines on which (combinations of) conditions can lead to the suspension of operations.
Confiscation of Travel Documents and Bank Cards
Additionally, a method has been found to penalize employers who are guilty of confiscating passports and bank cards. It is beyond doubt that the confiscation of such documents by the employer is highly undesirable. This increases the employees dependence on the employer and raises the risk of labor violations. Thus, confiscation of such documents will often lead to a restriction of freedom and stress.
Under the Working Conditions Act, an employer is required to prevent employees from experiencing high work pressure and undesirable behavior. This is called psychosocial workload. In situations where travel documents and bank cards are confiscated, there may be a violation of the Working Conditions Act. In such cases, the Labor Inspectorate can issue a warning and (after recidivism) a fine.
If, in addition to the confiscation of such documents, there are other serious violations, this may constitute serious danger according to the Working Conditions Act. In that case, the suspension of operations at a company may be justified.