Employers divided on right to work for asylum-seekers

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In September 1999, the Dutch Minister of Social Affairs opened the door to allowing individuals seeking asylum in the Netherlands to participate in the labour market, and the State Secretary of Justice is to present a plan for an adapted collective agreement to cover asylum-seekers. Small and medium-sized employers and the temporary agency work sector supported this idea, pointing to current labour shortages. The central employers' organisation, VNO-NCW, and the liberal VVD party, which is a member of the governing coalition, are opposed to asylum-seekers participating fully in the labour market.

In early September 1999, the Minister of Social Affairs expressed support for allowing people seeking asylum in the Netherlands to engage in paid work. Under the current rules, asylum-seekers may participate only in seasonal work on a limited scale. The Minister argued that the tight labour market in the Netherlands calls for such a change. With the exception of the liberal VVD party, which is a member of the governing coalition, the move found agreement throughout the Lower House of parliament. The State Secretary of Justice also supports the idea and has agreed to develop a plan to increase job opportunities for asylum-seekers. However, problems are anticipated in terms of social security, which is accumulated on the basis of contributions levied on pay. An important consideration relates to how the situation should be approached if an asylum-seeker is ultimately deported. According to the State Secretary, the idea is not to grant asylum-seekers benefits in their country of origin, based on rights accrued in the Netherlands. The State Secretary believes that a specially adapted collective agreement covering asylum-seekers would provide the solution.

MKB-Nederland, the association representing small and medium-sized employers, and the General Temporary Work Agencies Union (Algemene Bond voor Uitzendbureaus, ABU), whose members face a shortage of workers, endorse the idea of allowing asylum-seekers to begin work while awaiting conclusion of their asylum procedure. They believe that demand for labour - there are currently 150,000 vacancies, of which 80,000 are considered difficult to fill - makes it appropriate to draw from this new group of potential employees. Attracting employees from bordering countries no longer works, given the overall favourable economic trends. These employers' associations wish to conduct a test in five provinces using "labour pools" set up on a voluntary basis, which contrasts starkly to the Minister of Social Affair's notion of making work amongst asylum-seekers mandatory. Employers also reject the plans for an adapted collective agreement, stating that they would be prepared to pay normal wages.

More than 60,000 asylum applicants are currently awaiting a decision, which in some cases could take years. MKB-Nederland and ABU are in favour of using this time constructively, enabling the refugees to gain experience. It must, however, be stressed that if asylum-seekers are ultimately denied residence, they will be deported. The chair of MKB-Nederland does not believe that the new policy will attract additional asylum-seekers, since employment status will not affect an applicant's chances of gaining asylum. The central employers' organisation. VNO-NCW, disagrees outright, arguing that it is highly improbable that employed asylum-seekers who have exhausted all legal avenues will return to their country of origin.