Staffing firms in the Netherlands that are found to be exploiting seasonal workers will face criminal charges under a new bill on protecting against human trafficking.

State Secretary of Justice and Security Eric van der Burg presented the bill for consultation on behalf of Minister of Justice and Security Dilan Yeşilgöz-Zegerius and Minister of Social Affairs and Employment Karien van Gennip. 

An important part of the bill is an improved criminalisation of ‘serious abuses’ in the workplace. The bill describes a new criminal offence, namely 'serious prejudice'. The bill said this would ensure that perpetrators are punishable if they abuse a vulnerable position in the workplace.

The offences are part of this new criminal offence include substantial underpayment, violation of working hours and times, poor housing or restrictions of freedom such as confiscation of a passport. 

“These harrowing abuses are currently difficult to tackle through criminal law,” the consultation stated. “Vulnerable groups such as labour migrants are often the victims of this.”

Minister Karien van Gennip of the Ministry of Social Affairs and Employment said, “This bill makes it easier to prosecute perpetrators for serious abuses in working and living conditions. It is a new step to improve the position of labour migrants in the Netherlands.”

The bill also expands the possibilities for tackling perpetrators who profit financially from human trafficking. In addition, the bill more clearly defines which behaviours are punishable. This makes it easier for the organisations that have to work with it, such as the police, the Dutch Labour Inspectorate, the Public Prosecution Service and the judiciary.

According to Dutchnews.nl, Inspector General of the Dutch Labour Inspectorate Rits de Boer said around 15% of Dutch staffing agencies, or around 2,500 companies, are breaking the law and exploiting staff. De Boer also said that the bureaus are paying workers less than the minimum wage, breaking working hours regulations or fining staff if they turn up too late.

Distribution centres, slaughterhouses and greenhouses are all reliant on low paid personnel and staffing agencies are actively recruiting workers in central and eastern Europe, he said. ‘They come because the staffing agencies facilitate it,’ de Boer said. The agencies, in turn, consider the workers to be ‘bulk goods.’