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The Netherlands — Council of State asks European Court of Justice about illegal activities of Polish staffing agencies

04 August 2009

The Council of State, whose President is H.M. Queen Beatrix, has asked the European Court of Justice whether it is correct that the Dutch Ministry of Social affairs and Labour should fine Polish staffing agencies millions of Euros for having illegally provided temporary staff between 2004 and 2007, the Agricultural Dagblad reports

The accusation is that at a time when Polish workers needed work permits, Polish staffing agencies claimed to provide ‘services rather than staff’ in order to get around the work permit problem. The majority of these workers were employed in the agricultural and horticultural sectors

Nowadays Polish workers can work in The Netherlands without work permits but Romanians and Bulgarians still can’t.

The Dutch Ministry for Social Affairs and Labour believe that the agencies have committed a punishable act. In 2005 the Ministry increased fines per illegal worker drastically from €900 to €8,000. During the same year a Polish temporary staffing agency was fined €240,000 for the provision of 30 workers without work permit.

It is expected that the European Court of Justice will take several months to make a decision.



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