Despite all good intentions, negative news about abuses involving temporary work agencies and migrant workers comes up regularly in the horticultural industry. Last week, the Netherlands Labour Authority stumbled upon an employment agency that mediated migrant workers from outside the EU at several companies. These migrants are not allowed to work in the Netherlands, the inspectorate stress, as can be read on their website (in Dutch).
During inspections of an exotic fruit packaging company, a flower farm and pepper farm in South Holland, inspectors found several employees who had been put to work by a temporary employment agency.
Inspectors saw 14 employees at work who were originally from Georgia. None of these individuals could show an original identity document. Copies of EU identity documents were shown at one company. These were found to be forged. Inquiries by inspectors revealed that the hiring companies had made almost no efforts in checking identity documents. The WOS later made inquiries and was confirmed that the companies were based in Westland, or had 'a link to Westland' as the AD described it.
Shuffling migrant workers
The inspections further revealed that the workers are employed through alternating employment agencies that are affiliated to each other. The migrant workers thought they only worked for one agency. Constructions in which persons from outside the EU are shifted from one agency to another are closely monitored by the Netherlands Labour Authority.
During previous checks, inspectors also found Georgian employees with forged European identity papers. In such constructions, not only the temporary employment agency, but also the hiring company violates the Foreign Nationals Employment Act.
For every employee who is not allowed to work in the Netherlands, both the employment agency and the hiring company can be fined heavily.
No permit
Employees from outside the EU are allowed to stay in the Netherlands in a number of cases, but not just to work in the Netherlands. The employee must have a work permit. That permit was not regulated here.
An employer hiring workers from an employment agency must check this. The workers concerned did have an entry in the register of non-residents. The employment agency was a member of a trade association and was certified.
The Netherlands Labour Authority regularly draws attention to proper identity checks by employment agencies. Entrepreneurs are urged to properly carry out their verification obligation.
Source: Netherlands Labour Authority