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On 7 May 2019, the sub-district court judge in Enschede ruled that PostNL is jointly and severally liable for the back pay of 400 temporary workers who worked for PostNL in the depots of Amersfoort, Goes and Waddinxveen via In Person. PostNL and In Person had a contracting arrangement according to which the Dutch postal company hired out temporary workers from this employment agency. The workers were paid less than what laid down in the collective agreement of PostNL. According to the sub-district court judge, the arrangement between PostNL and In Person is a sham contracting arrangement. The workers can be classified as temporary agency workers and they are therefore entitled to equal pay for work of equal value as laid down in Article 8 of the ‘Placement of Personnel by Intermediaries Act’ (WAADI – Wet allocatie arbeidskrachten door intermediairs). FNV initiated the case on 22 February 2018 against both PostNL and In Person. This followed the results of an investigation requested by FNV in 2016 and conducted by the Inspectorate of the Ministry of Social Affairs and Employment (ISZW – Inspectie Sociale Zaken en Werkgelegenheid) on the working conditions of the workers hired out by PostNL via In Person. A settlement agreement was concluded with In Person on 5 June 2018. FNV also initiated the same procedure regarding workers posted by Randstad on the account of PostNL.
Planet Labor, 27 mai 2019, nº 11149- www.planetlabor.com
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