Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Netherlands (Ratification: 1993)

The Committee recalls that in communications dated 18 November 1999 and 8 November 2000, the Netherlands Trade Unions Confederation (FNV) indicated that the Act on the Legal Status of Judicial Officials provided for trade union monopoly, in that it recognized the Netherlands Association for Administration of Justice (NVvR) as the only negotiating party allowed to take part in the consultation on terms of employment, and that all other organizations representing civil servants in the judiciary were thus denied the right to bargain collectively on behalf of their members. Furthermore, the FNV had indicated that its civil servants’ union ABVAKABO also had members in the judiciary, and that the monopoly position of the NVvR provided for by the law had prohibited the ABVAKABO from bargaining collectively on behalf of its members. The FNV had also indicated having made an effort to engage in informal dialogue with the Ministry of Justice, but that no progress had been made in this regard and that the relevant legislation had not been amended.

The Committee takes note of the Government’s report dated 11 December 2000, in which it indicates having reached an agreement on 28 November 2000 with the NVvR to the effect that, from now on, in addition to NVvR, other associations representing civil servants in the judicial sector may also take part in the consultative meetings concerning terms of employment. The Government also indicates that it will amend the Act on the Legal Status of Judicial Officials as soon as possible in conformity with the agreements made with the NVvR, and that should an association representing judicial officials request admission to the negotiations on terms of employment before the legislation had been amended, it would act in accordance with the intended amendment.

The Committee takes due note of this information. It requests the Government to keep it informed of progress made in amending the legislation.