Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Netherlands (RATIFICATION: 1978)

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government regarding the tripartite consultations held between 1 June 2018 and 1 June 2021, to discuss matters related to international labour standards. The Government indicates that, during the reporting period, at least three regular tripartite meetings took place each year, in which the tripartite partners discussed a range of matters, including: the items on the agenda of the International Labour Conference (Article 5(1)(a)); Governing Body sessions; the possible ratification of a number of ILO Conventions (Article 5(1)(c)); and article 19 and article 22 reports (Article 5(1)(d)). The Committee notes that several technical meetings and tripartite consultations took place regarding, inter alia, the Violence and Harassment Convention, 2019 (No.190). The Government reports that frequent tripartite consultations are held with the Dutch social partners, on a variety of topics, including on matters regarding the possible ratification and implementation of conventions. Formal consultations are organised as part of the preparations for the International Labour Conference (ILC) and the Governing Body, in which the Government shares its views on the items on the agenda and invites the social partners to provide their views. The Government indicates that before and during the ILC meetings, meetings are organized with the entire delegation of the Kingdom of the Netherlands, including government representatives and representatives of the social partners from the Netherlands, Aruba, Curacao and Sint Maarten.

The Committee notes the response of the Government to 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 28 August 2018. In light of the workers’ organizations’ 2018 observations regarding the late receipt of Government reports, the Committee notes with interest that the Government undertakes to provide draft version of reports to the social partners for their comments at least two months prior to the deadline. In addition, new working arrangements have been agreed regarding the timely submission by the Government of the documents. The Government further indicates that the comments of the social partners are always included in the final version of the reports that the ILO receives. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters covered by Article 5 of the Convention.

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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 28 August 2018. The Committee requests the Government to provide its comments in this respect.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government regarding the tripartite meetings held between 1 June 2012 and 1 June 2018 to discuss matters related to international labour standards. The Government indicates that, during this period, three regular tripartite meetings were held each year and that several technical meetings and tripartite consultations took place regarding the submission or ratification of the Maritime Labour Convention, 2006 (MLC, 2006), the Work in Fishing Convention, 2007 (No. 188) and the Protocol of 2014 to the Forced Labour Convention, 1930. In its observations, the FNV observes that tripartite dialogue should be a meaningful consultation process with the Government and the employers’ organization. The FNV alleges that the Government has shown an uncooperative attitude in relation to the examination of the prospect of ratification of ILO Conventions, referring by way of example to the consultations on the ratification of the Chemicals Convention, 1990 (No. 170), the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) and the Occupational Cancer Convention, 1974 (No. 139) which took over ten years. The Government provides information regarding a series of advisory reports issued by the Social and Economic Council of the Netherlands (SER) to the Dutch Government upon request. It adds that, each year, the Labour Foundation prepares an annual report entitled “Contribution of the Dutch Social Partners”, which is added as an appendix to the National Reform Programme. The report outlines the social partners’ main contributions towards meeting the headline targets of the Europe 2020 Strategy, arrived at in consultation between the Labour Foundation and the SER. Overall, the FNV, CNV and VCP positively assess the tripartite consultation process, with the exception of procedures concerning reporting on ILO Conventions under article 22 of the ILO Constitution. In this respect, the FNV, CNV and VCP maintain that their right to comment on Government reports is curtailed, as they receive the Government’s comments late and they have little time to react. They indicate that, although the Government orally agreed to come up with a proposal with regard to the time frame for providing comments, the proposal has not yet been produced. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters covered by Article 5 of the Convention.

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The Committee has noted the Government's report for the period ending 31 May 1997. It notes the information provided on the application of Article 5, paragraph 1, of the Convention. It would be grateful if the Government would continue to transmit detailed information on the consultations held on each of the matters set forth in this provision and also the frequency of these consultations.

The Government states that the possibility of denouncing Underground Work (Women) Convention, 1935 (No. 45), has been discussed in tripartite meetings held during the reporting period. The Committee takes due note of these indications and it recalls its observation of 1996 under Convention No. 45 and requests the Government to keep the Office informed of any development in this respect.

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1. The Committee notes the information concerning the application of Article 5, paragraph 1(e) of the Convention furnished by the Government. It also notes the comments made by the Federation of Christian Trade Unions in the Netherlands (CNV) and the Netherlands Council of Employers' Federations (RCO).

2. The Government indicates in its report that, notwithstanding the consultations, written as well as oral, held on the proposal for the denunciation of the Employment Injury Benefits Convention, 1964 (No. 121), both the organisations of employers and of workers have protested that the observance of the consultation procedure with respect to this matter was not entirely adequate.

3. In its comments on the Government's report, the CNV specifies that the objections of the social partners rose from the fact that the period for consultations was extremely short and that, as a result, little time was left for the consultations and the parliamentary procedure.

4. The Committee notes that, in reaction to these objections, the Government is drawing up a written procedure in respect of matters arising out of the denunciation of Conventions. It would be grateful if the Government would supply in its next report information on any development in this matter.