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The Committee notes the comments attached to the Government’s report of the Trade Union Confederation Middle Categories and Senior Staff Unions (MHP) of 17 August 2006 and the Confederation of Netherlands Industry and Employers (VNO–NCW) of 13 July 2006 concerning the application of the Convention.
1. Article 3 of the Convention. Protection against discrimination. With respect to its previous comments on the practical application of the Equal Treatment (Working Hours) Act of 1996, the Committee notes the information provided by the Government regarding the criteria used to test the “objective reasons” exception in the Act which, according to the Government, are in line with those applied in the context of other equal treatment legislation and the case law of the European Court of Justice. The Government indicates that the criteria for the objective reason exception were formulated strictly in order to ensure that workers with family responsibilities receive adequate protection against discrimination. The Committee further notes the conclusions of the evaluation undertaken by the Equal Treatment Commission (ETC) in 2004 that the Equal Treatment (Working Hours) Act is well applied in practice and that employers, the Government and parties to collective agreements are complying overall with the rulings of the ETC. The Committee asks the Government to continue to provide information on the practical application and enforcement of the Act, including any judicial and administrative decisions concerning cases where family responsibilities have been considered an objective reason to discriminate against employees on the basis of their working hours.
2. Article 4(b) Terms and conditions of employment. Leave arrangements. The Committee notes with interest the adoption of the Work and Care Act of 2001. The Act provides for pregnancy and maternity leave, paternity leave, parental leave, emergency and other short-term leave to care for a sick child, foster child, partner or parent at home, and long‑term leave to care for a partner, child or parent with a life-threatening illness. It also provides for a partial payment in the form of wages or a benefit, except for parental leave and long-term care leave. Further, with regard to leave arrangements, and in particular regarding the practical application of the amendment to the Civil Code and the new civil service regulations providing greater flexibility with respect to parental leave, especially for part-time workers, the Committee notes the information in the Government’s report that women take parental leave more often than men (42 per cent compared to 16 per cent respectively in 2003). The uptake of parental leave is the greatest among employees, mostly women, working between 21 and 32 hours a week (41 per cent of those entitled). Those employees, mostly women, working less than 20 hours and those men and women working more than 32 hours take less leave than the average number of employees. However, in sectors where parental leave is partly paid by the employer, more men make use of the parental leave provisions. The Committee notes in this regard that, as of January 2006, a right to save under the life-course savings scheme was included in the Work and Care Act allowing employees who wish to do so to build up a tax-facilitated balance that can be used to fund periods of unpaid leave. The Committee asks the Government to provide information disaggregated by sex and type of contract (full time or part time), on the number of employees exercising their right to the various leave entitlements under the Work and Care Act. In light of the fact that mostly women make use of the parental leave provisions, please also indicate whether there are any publicity campaigns designed to encourage fathers to use the provisions.
3. Working time arrangements. The Committee notes the Working Hours (Adjustment) Act of 2000 giving the right to employees and civil servants to increase or reduce their working hours. Exceptions are only possible if such a reduction or increase would lead to serious problems in terms of damage to substantial operational or departmental interests. If an employee disagrees with a decision he or she can take the matter to court. The Committee notes that the Act does not apply to organizations with fewer than ten employees, which are obliged to make their own arrangements regarding the adjustment of the hours of work. The Committee asks the Government to provide an information on the following: (1) the number of men and women requesting reduced working hours in order to better combine work with family responsibilities; and (2) the measures taken, together with the social partners, to encourage enterprises with less then ten employees to allow flexible working time arrangements for workers with family responsibilities.
4. Article 5. Childcare facilities. With respect to its previous comments concerning the measures taken to provide childcare in the private and public sectors, the Committee notes the statistical information regarding the further expansion of the childcare capacity from 1999 to 2004. It also notes the adoption of the Childcare Act in 2005, following which the Government no longer subsidizes the supply of childcare places. Instead, the Act provides a statutory right to a childcare supplement, which is income-related, for parents who are working or studying and for parents who belong to specific groups. The Committee notes that as of 1 January 2007 the employers’ contribution under the Act has become mandatory and the Government’s contribution has increased to one third. The Committee further notes the statements made by the MHP that no analysis has yet been made of the effects of the Childcare Act in practice and that informal childcare is still used to a very large extent. The MHP suggests that the law might not yet be optimally functioning because childcare has mainly become less costly for low-income groups but only to a lesser extent for middle-income groups. The Committee further notes that the Labour Foundation has recommended in the past that concerned parties to collective agreements regulate childcare arrangements that are sufficient and, if necessary, reconsider existing regulations. The Committee asks the Government to provide information on the following: (1) the practical effects of the Childcare Act, including any studies or surveys assessing whether the Act in fact responds to the specific needs and preferences of workers with family responsibilities of both low- and middle-income groups for childcare services and facilities; (2) the reasons why still many workers with family responsibilities still appear to make more use of informal childcare services. Please also provide copies of collective agreements including provisions concerning childcare arrangements.
5. Article 6. Promotional and educational measures. The Committee notes the information on the broad consultations with a variety of organizations, including the Netherlands Family Council, held on balancing work and care which resulted in the adoption of the Work and Care Act in 2001 (see also point 2 of this direct request). The Committee asks the Government to indicate whether there are any other campaigns to promote in general the concept of sharing family responsibility between men and women and to educate and inform the public about the objectives of the Convention.
6. Article 7. Measures to enter, to remain in and to re-enter the labour force. Training. With reference to its previous comments, the Committee notes the information provided by the Government on the privatization of the women’s training centres running adult education and reintegration courses. Given the success of these training centres noted in the past, the Committee hopes that the services offered and results achieved will continue to be as effective. The Committee further notes from the Government’s report that women’s and adult education is a key focus of the Working–Learning Project and that almost half the participants in adult education are women, mainly over 45 years of age. However, women take fewer work-related training courses paid by their employer than men, and poorly educated, mostly migrant, women, participate less in adult education than more highly educated women. The Committee asks the Government to indicate the number of women with family responsibilities participating in the Working–Learning Project who have been placed and remained in the labour market and on the measures taken to increase the number of poorly educated and migrant women in adult education. Please also provide information on the reasons why women take fewer work-related training courses paid by the employer.
7. Measures to enter, to remain in and to re-enter the labour force. Employment. With respect to other measures taken to enable workers with family responsibilities to enter, to remain in or to re-enter the labour force, the Committee notes the comments by the VNO–NCW that measures to combine work and care still mainly take the form of part-time employment. The Committee indeed notes from the 2007 report of the study group “Equal Pay Works!” that 49.8 per cent of the women working in the Netherlands in 2005 were employed part time. The Committee further notes that the Working Hours (Adjustment) Act provides for the right to request an increase in working hours that can only be denied if this would cause serious problems of a financial or organizational nature. However, companies may deviate from these regulations if this has been agreed upon in a collective agreement. If there is no agreement on this issue, the employer can deviate from the law on the condition that a written approval is obtained from the works council or staff representatives. The Committee asks the Government to indicate the following in its next report: (1) the number of men and women wishing to return to full-time employment and requesting an increase in working hours, as well as information on any court decisions regarding refusal of an increase in working hours; (2) the economic sectors for which collective agreements allow employers to deviate from the Working Hours (Adjustment) Act and to provide copies of such collective agreements; and (3) in view of the increased capacity of childcare facilities and the special leave and flexible working time arrangements, whether any evaluation has been done of the reasons, why workers with family responsibilities, particularly women, continue to consider part-time employment the best possible option to combine work and family responsibilities.
8. Article 8. Protection against dismissal. With respect to its previous comments concerning the protection against dismissal on the basis of family responsibilities of civil servants on permanent and temporary contracts, the Committee notes the Government’s statement that the same regulations that apply to other employees generally apply to civil servants. The Committee further notes that, according to the Government, the Work and Care Act provides that an employer (public or private) may not terminate a permanent or temporary employment contract because an employee exercises his or her right to leave entitlements provided for in the Act. The Committee asks the Government to indicate in its next report the specific provisions of the Work and Care Act providing this protection against dismissal and to provide information on their practical application, including any judicial or administrative decisions.
1. The Committee notes with interest the enactment of the Equal Treatment (Working Hours) Act of 1 November 1996, which guarantees equal treatment for full-time and part-time employees in respect of their terms and conditions of employment, including the conditions in which they enter, extend or terminate the contractual employment relationship. The Committee notes that the Act prohibits employers from discriminating against their employees on the basis of their working hours, unless there are objective reasons for doing so. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the objective reason exception to the non-discrimination provision in the Act does not operate to disadvantage workers with family responsibilities. The Committee would also be grateful if the Government would continue to provide information regarding the practical application and enforcement of the Act.
2. The Committee notes with interest the amendment on 1 July 1997 of the Civil Code [new section 7:644] to provide greater flexibility and coverage to workers with family responsibilities. The amendments increased the protection previously afforded to part-time workers by abolishing the requirement that employees work a minimum of 20 hours per week in order to be eligible for parental leave and by increasing the hours of parental leave to which part-time workers are entitled. The new Civil Code also provides that employees may request permission from their employers to use their leave time in a more flexible manner and permit the leave entitlement to be used until the child turns 8 (previously 4). The Committee would appreciate receiving information in the Government’s next report on the practical application of these provisions and their impact, if any, on the number of men taking paternal leave in the Netherlands.
3. The Committee notes from the report that work has been initiated in connection with the drafting of the Work and Care Bill, which is expected to coordinate and expand upon existing statutory leave allowance schemes, supplementing existing emergency care leave by introducing a care giver’s leave entitlement which would enable employees to care for their children or other family members in the event of illness. The Committee also notes the enactment of the Career Break (Funding) Act on 1 October 1998, which permits civil servants and other employees to take subsidized leave to care for their families or to further their education.
4. Article 2. The Committee notes the Government’s statement that the General Civil Service regulations and most other sectoral regulations governing employees’ rights no longer require an employee to work a minimum number of hours before he or she will be eligible for unpaid parental leave. Employees may now also take full-time parental leave. The Committee would be grateful if the Government would supply information in its next report on the application of the new civil service regulations, indicating the number of men and women workers that elect to take parental leave.
5. Article 5. The Committee notes with interest the various childcare incentive schemes promoted by the Government, particularly those designed to encourage employers to provide childcare facilities for their employees, as well as those providing for childcare and after school care for children of single parents on social assistance who seek to pursue studies or enter the work force. With regard to the Government’s undertaking to increase the number of childcare centres, the Committee notes the establishment of the incentive fund and tax incentives contemplated under the Government policy accord of mid-1998. The Committee would be grateful if the Government would provide information in its next report on the progress achieved in this regard, including the availability of childcare in the public sector on which the Committee requested information in its previous comment.
6. Article 6. The Committee notes from the report that the Government policy accord of 1998 examines ways of enabling workers to balance professional and family responsibilities more satisfactorily and that (in follow-up to a discussion paper on the subject) consultations with interested stakeholders are being carried out to explore methods of achieving these goals. According to the report, a bill will be drafted as soon as consultations are completed. The Committee requests the Government to continue to supply information with regard to measures taken to educate or inform the public about the objectives of the Convention, including any initiatives taken or promoted by the Netherlands Family Council.
7. Article 7. The Committee notes from the report that women’s training centres have enjoyed a high rate of success, with 80 per cent of students in such centres finding work within a year and with the vast majority of those placed remaining in the labour market. The Committee notes the 1998 statistics provided by the Government, indicating that, of the 1,600 women attending a women’s training centre, 60 per cent had children living at home. The Committee would be grateful if the Government would continue to provide information on the services offered and the results achieved by these training centres.
8. Article 8. The Committee notes the Government’s explanations regarding the grounds on which civil servants employed on permanent contracts may be dismissed and that these grounds do not contemplate dismissal for taking maternity or parental leave. The Committee requests the Government to indicate whether the regulations governing the employment of civil servants on permanent contracts expressly prohibit dismissal on grounds of family responsibilities. It would also appreciate the Government supplying information on any measures taken to protect civil servants on temporary contracts from being dismissed due to their family responsibilities.
9. The Committee notes the summaries of sub-district court judgements provided in the report. In this regard, it notes the Government’s statements regarding the need to enact legislation concerning working hours. The Government indicates that a Bill is currently being drafted which will give employees a provisional right to change the number of hours that they work, in order to permit employees to balance their work and family responsibilities more efficiently. The Committee would be grateful if the Government would provide information on developments of the Bill and to supply a copy with its next report.
The Committee has noted with interest the information contained in the report of the Government and attached documents, supplied in reply to its previous comments.
Article 1 of the Convention. The Committee has noted the provisions of the Parental Leave Act of 1990 concerning children born out of marriage, adopted children and acknowleged children. The Committee would be grateful if the Government would provide information on any further measures to assist workers with responsibilities in relation to members of their immediate family in need of care or support, other than children.
Article 2. The Committee notes the explanation provided by the Government for excluding certain part-time personnel in the civil service from the right to part-time parental leave. It requests the Government to indicate whether this right has now been extended to the hospital personnel previously excluded and to provide, in its future reports, information on any developments or studies concerning the use of this right.
Article 4. The Committee notes with interest the clarification provided on the eligibility of sole parents to reductions in their level of taxation through "sole income premiums". The Committee requests the Government to continue to provide information in its future reports on any additional measures taken with a view to meeting the needs of those workers covered by the Convention, in respect of their terms and conditions of employment and in social security.
Article 5. Having noted with interest the increased availability of child care in the public sector (resulting from the 1991 Sectoral Consultations for State Employees), the Committee would be grateful if the Government would continue to furnish updated information on progress towards the goal of having 1,500 places by 1995. In addition, the Committee requests the Government to continue to furnish information concerning the implementation of the "Measure for Promoting Day Care For Children".
Article 6. The Committee would be grateful if the Government would provide information concerning any measures taken in future to educate or inform the community about the objectives of the Convention, including any initiatives taken in this regard by the Netherlands Family Council.
Article 7. The Committee has noted with interest the decision to integrate the training and orientation programmes developed by the Women and Work Exchanges, into the services of the Regional Employment Boards of the national employment service. It has also noted that special short-term vocational training courses for re-entrant women have been developed by nine Women's Vocational Training Centres, which can provide facilities to care for the children of trainees. The Committee requests the Government to continue to provide information concerning the numbers of women trained and employed as a result of these initiatives.
Article 8. The Committee has noted the assurance of the Government concerning the adequacy of the existing system of protecting civil servants employed on permanent contracts from dismissal on the grounds of family responsibilities. The Committee would be grateful if the Government would clarify the meaning of the term "closed system of dismissals" and would indicate whether measures exist to protect persons employed on other types of contracts from dismissal on this ground.
Article 11. The Committee has noted with interest that, pursuant to the 1989 Community Policy Framework, drawn up between the Cabinet and the social partners, efforts have been taken to improve the position of women in employment, including a study by the Collective Employment Conditions Service of collective agreements that include measures pertinent to the application of the Convention. The Committee requests the Government to indicate any further action taken with the employers' and workers' organizations to foster the application of the Convention through the bargaining process.
The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Article 1 of the Convention. The Committee would be grateful if the Government would provide in its next report information on how the term "other members of their immediate family who clearly need care or support" is defined for purposes of applying the terms of the Convention.
Article 2. The Committee notes that workers employed for less than 20 hours a week and civil servants working less than 16 hours per week are excluded from entitlement to parental leave, both under the Parental Leave Act of 1990 and the civil service regulations. It also notes the temporary exclusion of employees of teaching hospitals from the provisions of the Parental Leave Act of 1990. The Committee would be grateful if the Government would provide information in future reports on any measures taken or contemplated to extend such coverage to those workers excluded from the above-mentioned provisions. It also requests the Government to kindly indicate whether the Parental Leave Act of 1990 covers employees regardless of their form of employment or whether it only covers employees who are employed in the formal legal sense pursuant to sections 1637(d) et seq. of the Labour Code.
Article 3. The Committee notes from the Government's report that the Cabinet issued a policy statement on 24 December 1985, entitled "Combining parenthood with paid employment". It would be grateful if the Government would kindly attach a copy of said policy statement with its next report.
The Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to be employed without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities for members of their immediate family other than children.
Article 4. The Committee would be grateful if the Government would continue to supply in future reports information on measures which have been taken or are contemplated, in addition to maternity and parental leaves, to enable working parents to better integrate their work and family responsibilities, such as working time reduction, leave for taking care of sick children, flexible working hours, or the possibility to work at home. It also requests the Government to provide information on any social security benefits which exist or are contemplated to enable workers with family responsibilities to better combine their work and family responsibilities of dependent children as well as of other members of their immediate family who clearly need care or support. In this connection, it would be grateful for information, if it is available, on the types of "sole income-earner premiums" which exist in tax or social security legislation and the eligibility requirements for these premiums. Further, the Committee requests the Government to provide information on the eligibility requirements for subsidized day care and on the demand for such subsidization.
Article 5. The Committee notes the information in the Government's report concerning the provision of child care and it requests the Government to indicate in its next report whether the child-care facilities meet the present demand for such facilities and, if not, whether measures are being taken or contemplated to attempt to satisfy this demand. In this regard the Committee requests the Government to keep it informed of the implementation of the Government's policy on child care, including any evaluation of the implementation of said policy and progress achieved in this respect. The Committee would also be grateful if the Government would indicate whether any family services other than child care exist to assist workers in reconciling their work and family responsibilities with dependants other than children.
Article 6. The Committee notes from the Government's report that information has been distributed in the country on issues concerning equality of opportunity and treatment between men and women. It requests the Government to kindly provide information on any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities.
Article 8. The Government's report indicates that employees can never be dismissed on the grounds that they have taken parental leave. The Committee would be grateful if the Government would provide in its next report the provisions which establish this protection as well as information on any other measures existing to protect workers against dismissal on the grounds of family responsibilities.
Article 11. The Government's report indicates that the legislative authority has commissioned employers to administer the process of safeguarding and promoting the implementation of the Convention. The Committee requests the Government to indicate how the employers implement the provisions of the Convention as well as the manner in which the workers' organizations are included in this administration and application process.
Point I of the report form. The Committee would be grateful if the Government would provide copies of the following texts: all amendments to section 46 of the General Civil Service Regulations since 1982; sections 32(c) and 33(c) of the Labour Agreements Decree and all amendments to those articles since their adoption; all amendments to section 81 of the Civil Service Regulations of the States General since 1979, and all amendments to section 21 of the Civil Service Salaries Order since 1983.
Point V of the report form. The Committee would be grateful if the Government would provide copies of parts I and II of the results of the study carried out by the Service on Collective Standards (DCA) and the Technical Service on Wages (LTD) on the steps that were undertaken in 1990 in individual businesses and collective agreements to improve the position of women in companies.
The Committee takes note of the information contained in the Government's first report. It would like to draw attention to the following points:
Article 4. The Committee would be grateful if the Government would continue to supply in future reports information on measures which have been taken or are contemplated, in addition to maternity and parental leaves, to enable working parents to better integrate their work and family responsibilities, such as working time reduction, leave for taking care of sick children, flexible working hours, or the possibility to work at home. It also requests the Government to provide information on any social security benefits which exist or are contemplated to enable workers with family responsibilities to better combine their work and family responsibilities of dependent children as well as of other members of their immediate family who clearly need care or support. In this connection, it would be grateful for information, if it is available, on the types of "sole income-earner premiums" which exist in tax or social security legislation and the eligibility requirements for these premiums. Further, the Committee requests the Government to provide information on the eligibility requirements for subsidised day care and on the demand for such subsidisation.
Article 11. The Government's report indicates that the legislative authority has commissioned employers to administer the process of safeguarding and promoting the implementation of the Convention. The Committee requests the Government to indicate how the employers implement the provisions of the Convention as well as the manner in which the workers' organisations are included in this administration and application process.