Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Employment Service Convention, 1948 (No. 88) - Netherlands (Ratification: 1950)

The Committee notes the information supplied by the Government in its report. It notes, in particular, the adoption of the Employment Service Act of 28 June 1990. Section 79 of the Act contains a provision according to which the public employment office provides its placement service free of charge, but may request reimbursement for costs incurred at the express request of the employer or the applicant for employment. The Government indicates in the report that a charge is made for extra (additional) services provided over and above the normal activities of the organization. The Committee would be grateful if the Government would supply, in its next report, detailed information on the new situation regarding the public employment service, indicating, in particular, the additional services which are not provided free of charge, in order to enable the Committee to assess the implementation of the Convention which provides that the public employment service shall be free of charge (Article 1, paragraph 1 of the Convention).

The Committee also notes that, according to sections 23 and 35 of the above-mentioned Act, the officials of the employment service staff are employed on the basis of a contract of work under the civil law. The Government states that the officials of the employment service staff do not therefore enjoy the status of civil servants, though the regulations for civil servants with respect to sickness, incapacity for work and unemployment apply to the staff. The Committee asks the Government to indicate, in its next report, whether the status and the conditions of service of the officials of the employment service staff are such that they are independent of changes of government and of improper external influences and, subject to the needs of the service, are assured of stability of employment, as required by Article 9, paragraph 1.