Flex migrants in the Netherlands

Flex migrants in the Netherlands

The Netherlands is increasingly host to foreigners as temporary agency workers. Many of these so-called flex migrants are assisted by the almost 90 ABU members that are active in this area. These members, which include both specialists and generalists, come together in ABU International. A platform that makes it clear that ABU members stand for quality and reliability also in the area of labour migration.

What does the ABU do?
The ABU puts efforts into the development of clear regulations, good accommodation, effective cooperation and strict enforcement. A few examples:
All ABU members are required to be SNA-certified and follow the NEN 4400 guidelines;
The Collective Labour Agreement for Temporary Agency Workers contains a number of basic requirements for good accommodation;
ABU members are periodically screened for compliance with both regulations (certificate and CLA);
The ABU has developed agreements for better cooperation between the temporary agency work sector and municipalities;
The ABU argues tirelessly for additional government measures to tackle the abuses in the accommodations for flex migrants;
The ABU developed the accommodation quality mark Certified Flex Home in partnership with the NBBU.

CLA and flex migrants: how is that arranged?
The ABU's Collective Labour Agreement for Temporary Agency Workers also applies for temporary agency workers who do not reside permanently in the Netherlands. In addition to the general CLA provisions that apply for all temporary agency workers, there are a few provisions specifically tailored to making this group of employees available for work.

Article 44: Specification of employment conditions in the Netherlands
In order to ensure that the employment conditions in the Netherlands in the CLA are better geared toward the specific needs and different working pattern of flex migrants, a number of employment conditions may be applied differently. For example, it can be agreed with the flex migrant that the four holidays in excess of the statutory entitlement, the reserve for short-term absenteeism, the holiday allowance and the public holidays may be paid out in money weekly/monthly/etc.


Article 45: Specific provisions
There are a few specific provisions for the collective recruitment and/or accommodation of flex migrants with regard to accommodation standards, safety, transport, information provision and social guidance. Such as the right to at least 10 m2 of living space, the employment contract in both Dutch and the national language of the flex migrant, the mandatory offering of health insurance and information on following language courses (after 26 weeks worked).


Article 46: Foreign employment contract in the Netherlands 
The Collective Labour Agreement for Temporary Agency Workers also goes into further detail on the temporary agency worker whose employment contract is governed by a law other than Dutch law. In accordance with the provisions of article 2 of the CLA and the Dutch Terms of Employment (Cross-Border Work) Act (Waga), the provisions of the CLA declared generally binding also apply to a few areas, such as working hours, holidays and minimum wages.

SOURCE ABU