Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Netherlands (Ratification: 1962)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report on the Convention for the period from 1 June 1996 to 1 July 2001, as well as in its annual reports on the application of the European Code of Social Security (ECSS). In reply to the questions raised in the Committee’s direct request of 1997, the Government supplied in the annex to the report the answers it has provided under the ECSS in 1998 on the same questions, which the Committee has already noted in its subsequent conclusions under the ECSS. It notes the updated statistics on the level of the unemployment benefit.

Part II (Medical care), Article 10, paragraphs 1(b) and 2, and Part VIII (Maternity benefit), Article 49, paragraph 2, of the Convention. The Committee would like the Government to refer to its comments under Convention No. 103.

Part V (Standards to be complied with by periodical payments). The Committee notes the calculations of the level of certain benefits provided by the Government in its report for June 1999, as well as in its 35th report on the ECSS for June 2002. It also notes the complex structure of the family allowances provided during employment and during the contingency, which depend on the age of the child, the size of the family and whether the child was born before or after 1 January 1995. In order to ascertain whether the minimum level of benefits prescribed by the Convention is attained for a standard beneficiary with family responsibilities (a man with wife and two children or a widow with two children), in all cases, the Committee asks the Government to use in its calculations the lowest amount of the family allowance provided for a dependent child. The Committee understands from the 35th report on the ECSS that the lowest amount of family allowance is paid with respect of a child under 6 years of age born after 1 January 1995. It would like the Government to confirm this understanding and, if so, to use the corresponding monthly amount of this family allowance for two children in the calculation of the level of benefits. The Committee would also be grateful if the Government would specify whether a holiday allowance, to which it refers in the calculation of benefits, is also paid during employment and, if so, if its amount is different from that paid during the contingency in question. Finally, with these considerations in mind, it would like the Government to supply up-to-date statistics on the level of benefits for the period covered by its next report, provided on the same time basis and in the manner requested in the report form on the Convention, with a clear indication of whether the statistics refer to gross or net amounts.