Netherlands: TNT competitors win the legal battle against the ordinance on fair competition between operators

On January 5, the Hague Tribunal ruled that Frank Heemskerk, Secretary of State for Economic Affairs, wasn’t competent to force these private postal groups to recruit their workforce with a labor contract and minimum wage instead of paying them as day laborers as is currently the case. To that end, the Ministry for Social Affairs adopted an emergency ordinance on October 7 (see our dispatch No. 090916). The judged thinks that an agreement between the businesses affected and unions would be better than a unilateral regulation from the public powers. The ordinance provided that Sandd and Selekt Mail had to recruit 10% of their staff by April 1 and 80% by 2012, but the January 5th ruling annulled this obligation.
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ber 7 (see our dispatch No. 090916). The judged thinks that an agreement between the businesses affected and unions would be better than a unilateral regulation from the public powers. The ordinance provided that Sandd and Selekt Mail had to recruit 10% of their staff by April 1 and 80% by 2012, but the January 5th ruling annulled this obligation.

The government could lodge an appeal. “Our priority is still to prevent a worsening of working conditions in the postal sector” said Frank Heemskerk,

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