Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Netherlands (Ratification: 1950)

In a communication dated 6 February 1990 the Confederation of the Netherlands Trade Union Movement (FNV) addressed certain comments to the Committee concerning the application of the Convention in the national insurance and subsidised sectors. The Government supplied its observations on these comments in a communication dated 23 February 1990.

In its 1989 observation the Committee asked the Government to repeal sections 10 and 11 of the so-called "WAGGS" Act so that employers and workers in the national insurance and subsidised sectors should be permitted freely to conclude agreements in relation to their terms and conditions of employment. In making this observation, the Committee drew attention to the fact that the Wage Determination Act, 1970 (as amended), gives the Government powers to intervene in the bargaining process in the face of compelling reasons of national economic interest.

In its communication of 6 February 1990 the FNV states that its repeated attempts to be consulted on the necessary changes to the WAGGS legislation had been unsuccessful. The FNV also pointed out that to the best of its knowledge no proposals for change had yet been developed, and that they certainly had not been presented to the Socio-Economic Council (which must be consulted before such legislation is presented to Parliament).

In its communication of 23 February 1990 the Government states that it is carefully investigating the possibilities of amending sections 10 and 11 of the WAGGS Act. The conclusions of the Committee of Experts and of the Governing Body's Committee on Freedom of Association (265th Report of the Committee, approved by the Governing Body at its May-June 1989 Session, paras. 161-209) will be taken into account in the course of this investigation. The Government also hopes to take account of experience in some other European countries in this context.

The Government attributes some of the delay in relation to this matter to the recent appointment of a new Minister of Social Affairs and Employment. However, it intends to inform the Second Chamber of the Parliament of the way in which the legislation may be amended in May of this year. It is hoped, therefore, that there will be substantial progress in relation to this matter before the next session of the International Labour Conference.

The Committee takes note of the information provided by the FNV and by the Government. It asks the Government to keep it informed of further developments on the matter, so that it can examine the operation of the Convention in detail at its next session.