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Housing migrant workers often leads to legal conflicts—with local residents regarding the permit, or with employees regarding accommodation costs. A municipality may not simply equate the housing of migrant workers with a hotel, and some collective labour agreements require the employer to provide compensation or decent accommodation. Good agreements and the correct permit prevent a lot of trouble.
Labour migration is important for the Netherlands: migrant workers, often from Central and Eastern Europe, fill sectors where Dutch workers are hard to find. However, integrating them does not always go smoothly, and housing in particular regularly causes problems.
Conflicts with local residents regarding the permit
In a case before the District Court of East Brabant (ECLI:NL:RBOBR:2020:5559), an arable farm in the hamlet of Voor-Oventje wanted to house about thirty migrant workers for six months a year and rebuild a barn for that purpose. The municipal executive granted an environmental permit, equating the accommodation with a hotel so that it could take place in a quiet residential area. A neighbor feared nuisance and lodged an objection.
Why the municipality had to conduct more research
The judge partially sided with the neighbor. The accommodation of migrant workers cannot simply be equated with a hotel: migrant workers stay longer than the average hotel guest and require different facilities. The municipality should have investigated more thoroughly whether the accommodation was compatible with the surrounding zoning, and whether other properties might have been more suitable. The ratio between the number of residents and the number of housed migrant workers also plays a role in the compatibility. For example, the municipality could have included house rules in the regulations or mandated a partition.
Conflicts with employees regarding accommodation costs
It is not only employers who *want* to provide accommodation who run into problems; sometimes it concerns precisely employers who *do not*. For instance, there is debate regarding Article 55 of the Construction Industry CLA, which obliges the employer to grant reimbursement for necessary accommodation costs. An exception applies if the employer themselves provides properly equipped accommodation, supplemented by a limited allowance. What constitutes “properly equipped” is frequently a subject of discussion.
Frequently Asked Questions
May a municipality equate the housing of migrant workers with a hotel?
Not without further ado. The judge ruled that migrant workers stay longer and require different facilities, meaning the municipality must carefully investigate the integration into the surrounding environment.
As an employer, do I have to pay for the housing of migrant workers?
That depends on the applicable collective labour agreement and arrangements. Some collective labour agreements require reimbursement for accommodation costs or adequate accommodation. Have this assessed on a case-by-case basis.
How do I avoid problems with neighbors?
By arranging the correct permit in advance, substantiating the feasibility, and establishing agreements or house rules where necessary. Good preparation prevents objection procedures.
Assistance with hiring migrant workers
Engaging migrant workers goes beyond a suitable employment contract, especially if you also provide accommodation. The legal experts at MKB Juristen advise on employment contracts, accommodation, and permits, and draft the necessary documents. View our expertise in employment law or schedule an intake meeting .
