Law of 14 May 1998, laying down rules for non-public employment and providing for the provision of labour (Law allocation labour force by intermediaries)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to regulate the statutory regulation of non-public employment in a separate law, as it is no longer appropriate for the regulation of the labour market. Employment Act 1996 -and that the general authorisation requirement for the supply of labour is abolished, but that some regulation in the field of the supply of labour should be laid down;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. "employment" means the provision of services in the pursuit of an occupation or business for the benefit of an employer, a job seeker or both of whom are assisting in the search for a labour force on the basis of an opportunity to work as a result of the employment of workers, the objective of the creation of a contract of employment in civil or civil law, or an employment contract;
(c) supply of labour: the supply of a labour force to another person, for the purposes of his supervision and management, other than under a contract of employment concluded with such a contract;
d. Company: the Company, referred to in the Law on Works Councils ;
e. collective bargaining agreement: the collective agreement of employment, as referred to in Article 1, first paragraph, of the Collective Labour Agreement Act ;
f. recognised certifying institution: an institution approved by the Council for Accreditation which is an undertaking or legal person referred to in Article 7a, first paragraph , certifying, in accordance with the rules of our Minister in agreement with our Minister of Finance to designate standards.
2 By way of derogation from paragraph 1 (b), "employment" shall not mean the disclosure of data relating to job seekers or workplaces by means of press, radio, television or any other communication medium.
3 By way of derogation from paragraph 1 (c), the following shall not be taken to make available to a labour force:
(a) make available to work for the purpose of a case or for the purpose of making available work;
(b) make available, by means of a non-profit-making public, to the labour force employed in his undertaking by the person who makes it available to them;
(c) making the labour force available for the provision of employment in an undertaking which is maintained by the same economic operator as the labour force is available to the labour force.
4 For the application of Article 14b By way of derogation from paragraph 3 (a), a labour force shall be made available, inter alia, to the supply of labour to a place of work or to work.
This law and the provisions based thereon shall also apply to work carried out wholly or partly outside the Netherlands by persons employed on board seagoing vessels entitled to fly the flag of the Netherlands under the law of the Netherlands. to conduct the Kingdom.
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1 In the performance of a contract of employment, there shall be no consideration of the seeking work of the person seeking work.
2 The person who is engaged in a contract of employment and is known or can reasonably be known that a company or undertaking, or part thereof, is a work strike, exclusion or business occupation, does not mediate in the placement of job seekers in that company or company, or the part thereof, where the work strike, exclusion or business occupation is prevalent.
3 By way of derogation from the first paragraph, rules may, by way of derogation from the first paragraph, be laid down in respect of certain categories of job-seekers or employers.
In the case of, or under a general rule of administration, rules may be laid down for the employment of certain categories of jobseekers or employers.
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1 It is an every ban made available in the Netherlands to make labour available other than by means of an undertaking or a legal person who is in the commercial register provided for in Article 2 of the Commercial Registry Act 2007 , is registered and it is included that it pursues or co-operates the activity of the supply of labour.
2 It shall be prohibited to have labour made available as a labour force at the disposal of the first member of the labour force.
3 Under-in-borrower means what is meant by Article 34, first and second paragraph, of the 1990 Act of Invording .
The person providing a contract of employment or of the labour force shall be required to comply with the rules and prohibitions laid down in or pursuant to the provisions of the Article 4 , below Article 12, first or second paragraph , established general measure of management in so far as and in the manner that is determined by or under this measure.
1 The employment force made available shall be entitled to at least the same conditions of employment as those applicable to employees engaged in equal or equivalent functions in the service of the undertaking in which the posting is made:
a. with regard to pay and other allowances;
Under a collective agreement or other non-statutory provisions of general application which are in force within the undertaking in which the posting is made, including in respect of working time overtime, rest periods, work on night shift, breaks, the duration of holidays and working on holidays.
2 The first paragraph shall apply mutatis mutandis in respect of:
a. the rules for the protection of pregnant workers, of workers who feed a breast child, children and young workers and in order to promote equal treatment for men and women; and
(b) measures to combat discrimination based on sex, race, religion or belief, disability, age or hetero-or homosexual orientation,
which are governed by a collective agreement or other non-statutory provisions of general application which are in force within the undertaking where the posting is made.
3 The collective agreement may derogate from the first and second paragraphs, provided that:
a. if the period during which a derogation is made is limited, that agreement provides for a scheme to prevent abuse by successive periods of posting; and
b. if it concerns a collective agreement applicable to the undertaking in which the posting is made, which contains provisions allowing an employer to ensure that the undertaking given to his undertaking labour force made available to the labour force against the conditions of employment laid down in paragraph 1, which are prescribed for such workers by that contract.
The person employed shall ensure that the workers made available to him have equal access to the services or services of his enterprise, in particular canteens, childcare services, and transport facilities, where the employees are employed by his undertaking, in equal or equivalent functions, unless the difference in treatment is justified for objective reasons.
The person employed shall ensure that vacancies arising within his undertaking are made available to the workers made available to him in good time so that they may have the same chances of having been made available to the workers concerned. have an indefinite period of employment as the employees of that undertaking.
In the case of the supply of labour, there is no consideration of the labour force made available for the posting of workers.
1 The person providing the workforce does not put obstacles in the way of the creation of a contract of employment after the completion of the posting between the employment force and the person to whom he is intended to work. Decision was made.
2 Any clause contrary to paragraph 1 shall be null and void, except for a clause on the basis of which the person who has the labour force is entitled to a reasonable payment to the person making available the work force. has made provision for the provision of such services in connection with the provision, recruitment or training of the labour force in question.
The person providing a labour force shall, in so far as it is known or may reasonably be known that a company or undertaking, or part thereof, is a work strike, exclusion or business occupation, does not a labour force for the purpose of carrying out activities in that undertaking or undertaking or that part thereof, where the work-strike, exclusion or industrial occupation is in place.
The person providing a labour force shall provide the person who is required to provide information on the professional qualification required and provide to that person the description, in accordance with the conditions laid down in the Annex. Article 5, fifth paragraph, of the Working Conditions Act , before the posting of the goods begins.
1 Where the importance of good relations in the labour market or the interests of the labour force in question need to be protected, by or under a general measure of management, for one or more sectors of business or business, The labour market rules for the provision of labour.
2 In order to protect the interests referred to in paragraph 1, the provision of a general measure of management may provide for the provision of a labour force in one or more certain sectors of the business or business sector of the labour market is allowed only with the permission of Our Minister.
1 With the supervision of compliance with or under this law, the officials appointed by the decision of Our Minister shall be responsible.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
The supervisors are empowered, with a view to the necessary equipment, to enter a dwelling without the permission of the resident. They do not have the powers, mentioned in the Articles 5:18 and 5:19 of the General Administrative Law Act .
1 Management bodies are responsible for their own movement and are required to meet the officials designated by Our Minister, if requested to Article 13, first paragraph , free of charge, to provide all information and information necessary for monitoring compliance with the provisions of, or under this law.
2 Our Minister and the officials referred to in Article 13, first paragraph , provide other governing bodies free of charge all data and intelligence obtained by implementing or supervising compliance with the provisions of, or under this law, necessary for the execution of their legal entities. the task and is necessary for the purpose of a partnership between two or more of the aforementioned authorities.
3 Our Minister, governing bodies and the officials, intended to Article 13, first paragraph , when processing personal data, you can use the civil service number.
4 The data provision referred to in paragraphs 1 and 2 shall not take place if the personal life of the data subject is thereby disproportionately impaired.
5 In the case of, or under general management, rules may be laid down as to cases where and how information is supplied in any case.
1 The officials designated by Our Minister for the purpose of Article 13, first paragraph , of this law, Article 14, first paragraph, of the law on foreigners and Article 18a, first paragraph, of the minimum wage law and minimum holiday allowances , free of charge to an approved certifying institution, shall provide that an administrative penalty has been imposed for failure to comply with:
2 The State tax authority shall report free of charge to an approved certification body:
a. the fact that a declaration was not made in good time by an undertaking or a legal person referred to in Article 7a, first paragraph , for the sales tax, payroll tax, public insurance premium, employee insurance premiums or income dependent contribution for the business community. Health insurance law ;
b. the fact that an undertaking or legal person referred to in Article 7a, first paragraph , not timely sales tax, payroll tax, public insurance premium, employee insurance premiums, or income dependent contribution for the company. Health insurance law has fulfilled or has been removed from it;
c. Number of sales tax, payroll taxes, public insurance premiums, employee insurance premiums, or income dependent contribution, Health insurance law that at any time has not been paid within the prescribed period and for which no payment has been granted;
d. the fact that the undertaking or legal person referred to in the Article 7a, first paragraph , post-tax sales tax, payroll tax, public insurance premium, employee insurance premiums or income dependent contribution for the economy. Health insurance law has been imposed, including an ageing penalty on the basis of Article 67f of the General Law on State Taxation imposed or on which the official referred to in the Article 84 of the General Law on State Taxation , contact the prosecution service in the context of the prosecution and trial of offences punishable by tax law.
3 The Social Insurance Bank, mentioned in Chapter 6 of the Act implementing organisation of work and income , issued on request, free of charge to an approved certification body, data relating to a certificate as referred to in Article 34, third paragraph, section c, of the Act implementing organisation work and income it has been found that this certificate has been issued incorrectly or incorrectly for the benefit of a person working with an undertaking or a legal person.
4 The information referred to in the first to third paragraphs shall be given only if the information relates to an undertaking or a legal person holding a valid certificate issued by an approved certification body. issued.
5 The information referred to in paragraphs 1 to 3 shall be communicated by means of an association with the Minister of Finance, in agreement with our Minister of Finance, to be established. This foundation is editable in the sense of Article 14 of the Personal Data Protection Act For processing that data.
6 In the case of a general measure of management, rules shall be laid down in respect of:
the content of the data to be processed, its current account, and the periodicity of its provision and their retention period;
the manner in which the processing of the data is carried out;
the manner in which the appropriate technical and organisational measures protect such data against loss or unlawful processing;
the arrangements for ensuring that processed data are processed only for the purpose of assessing the validity of a certificate issued and how it is monitored.
7 Any person who takes note of the information, which shall be supplied in accordance with the first, second, or third paragraphs, shall be obliged to keep the information confidential.
8 By way of derogation from the seventh paragraph, the obligation to secrecy shall not apply:
to the extent that a person is required to communicate under any legal requirement;
for the operation to the approved certification body, which has certified the undertaking or legal person to which the data relates; or
for the approved certifying institution vis--vis the undertaking or legal person certified by that institution, to the extent that the data relates to that undertaking or legal person.
The supervisory authority shall at all times be competent to confiscate such items. He may, for that purpose, claim extradition against any written evidence issued by him. As soon as the importance of investigation of the infringement so permits, the property seized shall be returned to the person to whom it has been seized.
1 If out of inquiry into compliance with the Chapter 2 or 3 A report to the employer in question, to the employer concerned, to the person responsible for the placement of the employment contract, appears not to be met by the articles listed there, Member of the European Parliament and the Council of Ministers of the European Communities and of the European Parliament and of the Council of the European Communities, as well as the organizations of employers and employees who The report does not contain any information from which the identity of the workers or job-seekers involved in the investigation can be derived.
2 Where a fine has been imposed on an employer, the relevant workers 'and employers' organisations shall be informed accordingly.
3 Under ministerial arrangements, rules may be laid down regarding the report referred to in paragraph 1.
The officials designated by Our Minister for the purpose of Article 13, first paragraph , may be subject to a legally qualified legal person with full jurisdiction entrusted or co-charged by the organisations of employers and employees to monitor compliance with collective agreements. contracts of employment free of charge shall be the information obtained from other countries of the European Union, of the European Economic Area and from Switzerland and which are necessary for the supervision of compliance with collective agreements employment contracts.
1 The officials designated by Our Minister for the purpose of Article 13, first paragraph , or 18, 1st Member , make the fact that an administrative penalty has been imposed for violation of this law as intended Article 16 , that a decision has been taken as intended Article 22, second paragraph , or that no infringement has been identified after a completed investigation in order to promote compliance with this Act and to understand the conduct of supervision under this Act.
2 The disclosure referred to in paragraph 1 shall be published: Article 10, first paragraph, parts c and d, of the Public Administration Open applicable mutatis mutandis.
3 In the case of general management measures, detailed rules shall be laid down concerning the disclosure of information, including the possible response of an interested party to the disclosure of its data, the time period to which such data may be disclosed. be made available and the manner in which disclosure is made.
4 If no offence is determined as referred to in the first member, that decision shall be published Article 4: 8 of the General Administrative Law Act Not applicable.
5 The disclosure referred to in paragraph 1 shall be made no earlier than after 10 working days have elapsed from the day on which the decision to the party concerned has been made known.
6 When disclosure is disclosed, or against a decision to impose administrative penalties or a decision as referred to in Article 22, second paragraph , a remedy has been set up or whether there is a possibility.
7 Where a request is made for a provisional provision as intended Article 8:81 of the General Administrative Law , the disclosure is suspended until the provision judge has issued a ruling.
8 If disclosure, referred to in paragraph 1, is or could come into conflict with the purpose of monitoring compliance with this law exercised by the officials designated by Our Minister, disclosure shall be withheld.
1 If violation is deemed to be non-compliance with Article 7a, first or second paragraph .
2 As a violation, non-compliance shall also be deemed to be infringement Article 7b , in so far as failure to comply with the rules referred to in that Article and prohibitions in or under a general measure of management has been deemed to be an infringement.
1 Without prejudice Article 5:48, 2nd paragraph, of the General Law governing the administrative law the report shall indicate, in any case, the person or persons involved in the offence.
2 The report is sent to the Article 18, first paragraph He's a designated official.
1 An official appointed by Our Minister to that effect shall impose the administrative fine upon the person to whom the obligations arising under this Law are laid down, in so far as the failure to comply with it is indicated as an infringement.
2 The offences set out in this Act shall apply in relation to any person, with or in respect of whom an offence has been committed.
1 The administrative penalty which may be imposed for an infringement shall not exceed the amount of the fifth category referred to in Article 4 (1). Article 23 (4) of the Code of Criminal Law .
2 Without prejudice to the first paragraph, the Article 18, first paragraph -designated official the administrative penalty to be imposed of 100% of the amount of the penalty determined on the basis of paragraph 6, if, within a period of five years preceding the date of the determination of the offence, an earlier violation, consisting of failure to comply with the same legal obligation or prohibition or failure to comply with similar obligations and prohibitions pursuant to or pursuant to a general measure of management, has been established and the administrative penalty for the earlier offence has become irretrievable.
3 The increase in the administrative penalty, referred to in paragraph 2, shall be 200 percent if both the violation and earlier offense, referred to in that paragraph, are assigned to or under general management measure as severe violations.
4 Without prejudice to paragraph 1, the following shall increase the Article 18, first paragraph -designated official, the administrative penalty to be imposed of 200% of the amount of the penalty, determined on the basis of paragraph 6, if, within a period of five years preceding the date of detection of the offence, two previous times violation, consisting of failure to comply with the same legal obligation or prohibition or failure to comply with similar obligations and prohibitions pursuant to or pursuant to a general measure of management, has been established and the administrative fines for the earlier offences have become irretrievable.
5 By way of derogation from the second and fourth paragraphs, the five-year period in those paragraphs shall be 10 years if the irrevocable penalties provided for in those paragraphs have been imposed for serious infringements designated by or on the basis of a general measure of management.
6 Our Minister lays down policy rules laying down the penalty amounts for the offences. Article 5.53 of General Law on administrative law shall apply if an article has not been complied with or pursuant to this law which allows for the imposition of a administrative fine.
7 By way of derogation from Article 8:69 of the General Law governing the administrative law the court may, on appeal or appeal, also amend the amount of the administrative fine to the detriment of the person concerned.
The person to whom an administrative fine has been imposed shall, on request, be given to the person on the grounds of Article 18, first paragraph , designated official with the information reasonably necessary for the execution of the administrative fine.
If an administrative fine has been unduly imposed, it shall be reimbursed to the recipient within six weeks of the finding of the wrongful imposition of the administrative fine.
1 An official appointed by our Minister to that effect may, after an infringement of a provision or a prohibition on or under this law has been established that administrative officer has been established, be subject to a written procedure; warning that in the event of a repetition of the offence or of a subsequent infringement of the same statutory obligation or prohibition or in accordance with or pursuant to general administrative action, similar provisions should be adopted obligations or prohibitions, may be required by him to be a warrant designated by him work for a period not exceeding three months shall be suspended or not to be caught.
2 If a warning as referred to in paragraph 1 has been issued and a repeat of the offence or a subsequent offence referred to in paragraph 1 has been detected, the official referred to in paragraph 1 may, by reference to the person responsible for the infringement, be An order referred to in paragraph 1 shall be imposed as from the date given in the decision. This Decision shall not be issued until such time as the first infringement, referred to in paragraph 1, has not yet been subject to an administrative fine or an official record of proceedings.
3 The determination of the infringement, referred to in the first or second paragraph, shall be recorded in a boo report.
4 The warning referred to in paragraph 1 shall be cancelled if five years have elapsed after the day drawing of the alert. Art. 5:34, 2nd paragraph, of the General Law governing law shall apply mutatis mutandis.
5 The official referred to in paragraph 1 shall be empowered to take the necessary measures, to take the necessary measures and to give the necessary instructions, and to give the necessary measures, including the imposition of a charge under the control of a charge. the strong arm to call.
6 Each person in this regard is obliged to behave in accordance with an order referred to in paragraph 2 and a measure or designation as referred to in the Fifth paragraph.
7 In the case of, or under general management, detailed rules shall be laid down regarding the first and second members.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
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This law is cited as: Law allocates labour force by intermediaries.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given in Gravenhage, 14 May 1998
The Minister for Social Affairs and Employment,
A. P. W. MelkertPublished on 4 June 1998
The Minister of Justice,