Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Netherlands (Ratification: 1966)

The Committee notes the Government's report for the period 1989-1993. It wishes to draw its attention to the following points:

1. Article 14 (benefit in respect of permanent incapacity) and Article 18 (benefit in the event of the death of the breadwinner). The Committee notes the information supplied by the Government in its twenty-sixth report on the application of the European Social Security Code and its Protocol concerning the current reform of the Disablement Insurance Act (WAO) and the General Widows and Orphans Act (AWW). It would be grateful if the Government would supply detailed information on the implementation of this reform, once it has come into force, in the light of these provisions of the Convention, and if it would supply the text of the laws and regulations which are adopted. With particular reference to the reform of the General Widows and Orphans Act, the Committee would be grateful if the Government would supply information on the manner in which any conditions relating to resources may affect entitlement to survivor's benefits.

2. Article 21, paragraph 1, of the Convention (Review of long-term benefits currently payable). The Committee notes the information concerning the review of benefits during the period 1987-92. It also notes that, as from 1 January 1992, the system for the automatic adaptation of the various social security laws by virtue of the Act respecting adjustment procedures (WAM), has been replaced by a new text governing the indexation of minimum wages and benefits (WKA). This latter Act provides for the possibility of suspending indexation in the event that circumstances require such a measure. The Committee recalls in this respect the importance that it attaches to the application of Article 21 of the Convention, which provides that the rates of cash benefits currently payable pursuant to paragraphs 2 and 3 of Article 14 and paragraph 1 of Article 18 shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee requests the Government to supply detailed information in its next report on the implementation of the above Act (WKA), including the statistics called for in the report form under this Article of the Convention, and to supply the text of the above Act.

3. Furthermore, the Committee notes the statistics supplied by the Government in the context of Article 18 of the Convention. It notes that the Government based its computations on a wage of a standard labourer of 1987.70 florins per month. In view of the fact that this amount does not appear to have changed in relation to the amount mentioned by the Government in its report for the period 1981-85, the Committee hopes that in future the Government will supply up-to-date statistics on the amount of the above wage.

[The Government is asked to report in detail for the period ending 30 June 1994.]