Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Netherlands (Ratification: 1988)

1. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report received in August 2008 containing responses to the Committee’s previous observations. It further notes the Government’s report received in August 2009 containing some further amendments and observations from the National Federation of Christian Trade Unions (CNV) on the amount of sickness benefits paid. The Trade Union Federation for Professional and Managerial Staff (MHP) suggested in August 2008 that the report should include further indications on the recommendations made by the Labour Foundation on the reintegration of young persons with disabilities, persons with work incapacity of less than 35 per cent and those who are partially unfit for work in general.

2. The Committee notes that the Invalidity Insurance Act (WAO) was replaced by the Work and Income (Employment Capacity) Act (WIA) on 1 January 2006. The primary aim of the WIA is to promote a return to work, and accordingly to increase the long-term reintegration of employees with (temporary) health-related work restrictions. The Government indicated that the benefit rate under the Regulation governing income protection for individuals registered as wholly incapacitated (IVA), the Disability Insurance Act (WAO), the Disablement Assistance Act for handicapped young persons (Wajong) and the Self-employed Persons Disablement Benefits Act (WAZ) was increased from 70 to 75 per cent on 1 July 2007. The Committee notes that provision is made within the relevant legislative instruments to promote the participation of persons with a structural disability in the labour market. These instruments are aimed at the retention of labour and/or the return to the labour market. In this regard, the Committee notes that persons with disabilities are able to avail themselves of job support such as job-coaching and special transport provisions; special reintegration contracts and the supply of an individual reintegration budget; special provisions for persons wishing to be self-employed; special education facilities; and, in some cases, wage dispensation. Persons with disabilities in employment who receive a lower income than the determined capacity of earnings, can claim a supplement to their income for a maximum period of four years. Furthermore, persons receiving benefits under the WGA, WAO, WAZ, Wajong or the Unemployment Insurance Act (WW) are able to avail themselves of an individual reintegration agreement, facilitated by the implementing agency, UWV, so as to plan their own reintegration. In this regard, the individual has the opportunity to decide upon the means of reintegration (e.g. work placement, application training, education) and the employer with whom the reintegration will be. The Committee notes the measures taken including individual reintegration agreements between employers and workers with disabilities. The Committee recalls the Convention’s objective of the social and economic integration of persons with disabilities into the community and wider society with a view to the full recognition of the contribution made by persons with disabilities. In particular, Article 1(3) and Article 3 of the Convention require the adoption of a national policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities. In its 2005 and 2007 observations, the Government was requested to provide coherent information on the manner in which the national policy was implemented in practice and periodically reviewed (Article 2). The Government is again requested to provide a report containing an overview of the national policy and information on the measures taken with a view to providing evaluation vocational guidance, vocational training, placement, employment and other related services to enable persons with disabilities to secure, retain and advance in employment (Article 7). The Government is also invited to include in its next report further information on the manner in which representatives of employers’ and workers’ organizations of, and for, persons with disabilities are consulted on the implementation of the policy (Article 5).

[The Government is asked to reply in detail to the present comments in 2010.]