In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards), 121 (employment injury benefits), 128 (invalidity, old-age and survivors’ benefits), and 130 (medical care and sickness benefits) together.

The Committee notes the observations of the National Federation of Christian Trade Unions (CNV), the Netherlands Trade Union Confederation (FNV), and the Trade Union Federation for Professionals (VCP), received on 31 August 2021 and 31 August 2022.

Article 69 of Convention No. 102, Article 32 of Convention No. 128, and Article 28 of Convention No. 130. Suspension of benefits. The Committee takes due note of the information provided by the Government concerning the suspension of cash benefits in case the beneficiary is incarcerated in prison or in a judicial facility.

Article 69(f) of Convention No. 102. Unemployment benefit. Sanctions for misconduct. The Committee takes due note of the information provided by the Government indicating the 2018 guidelines of the Highest Administrative Court, according to which suspension of unemployment benefits may be applied only when the unemployment occurred due to wilful misconduct.

Article 72(2) of Convention No. 102. Collective financing of social security schemes. The Committee takes due note of the statistical data provided by the Government concerning financing of the social security schemes.

Article 14 of Convention No. 121. Assessment of incapacity for work. The Committee notes the observations of the FNV, the VCP, and the CNV indicating that the rules for the assessment of incapacity for work are obsolete and that, as a result of the current assessment procedure, persons with substantial or even severe limitations may be considered as persons with less than 35 per cent incapacity for work under the Work and Income (Employment Capacity) Act of 2006 (WIA). The Committee requests the Government to provide information on the procedure and criteria for the assessment of incapacity for work applied for the purpose of entitlement to benefits under the WIA.

Article 15 of Convention No. 128. (i) Increase in pensionable age. With respect to its previous comments concerning the increase in pensionable age beyond 65 years, the Committee notes the indication by the Government that the pensionable age under the national old-age pension scheme (AOW) is scheduled to increase up to 67 years in 2024 and will be linked to life expectancy thereafter. The Committee further notes from the information provided by the Government in its 2019 report on the application of the European Code of Social Security, and its Protocol, that the share of persons over 55 years in the labour market has substantially increased in the past two decades. Furthermore, the percentage of persons over 65 years will have increased from 15 to 26 per cent by 2040. The Committee also observes from the website of the Statistics Netherlands (CBS) that in 2040, the remaining life expectancy of 60-year-olds will have increased by around three years in comparison with 2016. In addition, the number of years without moderate or severe physical limitations will have increased from 16.3 to 20.6 years for women over 60 years and from 17.4 to 21.7 years for men over 60 years by 2040. The Committee takes due note of this information.

(ii) Early retirement for workers in arduous and unhealthy occupations. The Committee notes from the Government’s report on the application of the European Code of Social Security and its Protocol, that the national old-age pension scheme (AOW) does not provide for early retirement provisions. However, workers can receive payments before they are entitled to a national old-age pension under the contractual early retirement scheme “Regeling vervroegde uitreding” (RVU scheme). The Committee observes that contractual early retirement arrangements can be concluded at individual, company, or sectoral level. According to recent figures, 33 per cent of the workers covered by a collective labour agreement had access to a contractual RVU scheme as of December 2021 and that, for another 10 per cent of these workers, the possibility of a RVU scheme is being discussed. The Committee further observes that the RVU scheme provides for the payment of a levy of 52 per cent with a temporal exemption till 2025 for workers who are 36 months or less before the statutory pensionable age and provided that the gross payment does not exceed the amount of the AOW pension (the Lump Sum Payment, Early Retirement Scheme and Leave Savings Scheme Act of 2021).

The Committee notes the observations of the FNV and the CNV pointing out that the increase in pensionable age beyond 65 years is an unjust measure particularly for workers engaged in arduous and unhealthy occupations whose life expectancy is usually lower. The FNV considers that there is a need for a publicly funded permanent scheme to ensure early retirement for persons in hazardous work.

The Committee recalls that, as per Article 15(3) of the Convention, if the pensionable age is 65 years or higher, the age shall be lowered, under prescribed conditions, in respect of persons who have been engaged in occupations that are deemed by national legislation, for the purpose of old-age benefit, to be arduous or unhealthy. Taking into account the absence of early retirement provisions under the national old-age pension scheme (AOW) and the low coverage of the contractual RVU scheme, the Committee requests the Government to take measures to ensure that workers in arduous and unhealthy occupations are entitled to a full pension, meeting the requirements of Article 26 on level of benefits, at an age earlier than 65, in line with Article 15(3) of the Convention. For this purpose, the Committee strongly recommends to the Government that it considers the introduction of a permanent statutory early retirement scheme particularly for workers in arduous and unhealthy occupations. It also requests the Government to continue to provide information on the scope and the extent of the contractual RVU scheme, including the statistical data on its coverage.

Article 29 of Convention No. 128. Adjustment of benefits to the cost of living. The Committee takes due note of the information provided by the Government regarding the indexation of old-age and invalidity benefits.