Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Netherlands (Ratification: 1988)

The Committee notes the communication dated 31 August 2011 from the Netherlands Trade Union Federation (FNV).

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee recalls that the Work and Care Act of 2001 provides for pregnancy and maternity leave, paternity leave, parental leave, emergency and other short-term leave to care for a sick child, foster child, partner or parent at home, and long-term leave to care for a partner, child or parent with a life-threatening illness. It notes the statistical information provided by the Government that the taking up of emergency leave by women is slightly higher than that of men (34 per cent versus 29 per cent of total employees); for short-term leave, 12 per cent of women compared with 10 per cent of men, but in 2009 it was almost equal, as 36,000 female employees and 35,000 male employees took short-term leave; the actual use of long-term leave by female employees is twice as high as that of male employees (4 per cent compared to 2 per cent); parental leave was taken substantially more by female than by male employees in 2009 (41,000 female employees and 19,000 male employees); the number of men taking parental leave was 10,000, having almost doubled in 2009, and the number of men using their entitlements is sharply increasing. The Government indicates that research shows that parental leave is one of the least favoured instruments by parents, as compared to flexible working-time arrangements and better school hours; therefore the Government sees no reason to select parental leave as an instrument to be promoted. In this connection, the Committee notes the observations by FNV that long-term care leave is hardly ever used, because it is unpaid and conditions are rigid; there are only two options: six weeks’ full-time leave or 12 weeks’ half-time leave. According to the FNV, parental leave is largely unpaid although it allows a tax reduction of a maximum of 50 per cent of the minimum wage during the period of leave. The FNV further indicates that the Government has submitted a draft law to the Parliament to make long-term care leave and parental leave more flexible, and to allow workers to take parental leave in parts. However, the Government is proposing to abolish the tax reduction during parental leave. The FNV considers that long-term care leave and parental leave should be paid leave, and that two days’ paid leave for fathers after childbirth is far too short, thus it should be increased to ten days of paid leave. Recalling the importance of equitable sharing of family responsibilities between men and women, the Committee asks the Government to indicate the measures taken or envisaged to address the underlying reasons for the low take up of the leave as raised by the FNV. It also asks the Government to provide information on the draft law with regard to long-term care leave and parental leave, and progress made in its adoption, as well as on whether any consideration is being given to additional paid leave for fathers after childbirth with a view to taking into account the needs of employees. Further, please continue to provide information, disaggregated by sex, on the number of employees exercising their right to the various leave entitlements under the Work and Care Act.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that research into the use of informal and formal childcare services was conducted by Statistics Netherlands (CBS) in 2009, showing that for couples who both work full time or have part-time jobs of 24–35 hours per week, formal childcare services are becoming increasingly important. It also notes the Government’s indication that informal childcare services are being used less and less; since the adoption of the Childcare Act in 2005, childcare arrangements are no longer provided for in collective agreements, and the employers’ mandatory contribution constitutes almost one third of the total costs of the childcare services. In this connection, the Committee notes the observations by the FNV that, due to the adoption of the Childcare Act, some of the informal childcare arrangements have been formalized, thus decreasing the use of informal childcare. The FNV states that the costs of childcare are uncertain due to change in regulations; the quality of childcare facilities is not always good and the monitoring of the quality is insufficient; in certain parts of the Netherlands, long waiting lists still exist; and for these reasons, many parents are still making use of informal childcare. It also states that the contribution by the employers to the costs of childcare is not one third, but 22 per cent only. It further states that, due to a lack of good quality and affordable facilities, women choose to work in small part-time jobs, which hinders their careers and prevents them from acquiring financial independence. Recalling the importance of ensuring that family services and facilities meet workers’ needs and preferences, the Committee asks the Government to provide statistical information on the availability of affordable and accessible childcare services and facilities including their utilization that would allow the Committee to assess the progress made over time, including: (i) the number of workers with family responsibilities making use of the existing child and family care institutions; (ii) the number and age of children requiring care; and (iii) any studies or surveys assessing whether the Childcare Act in fact responds to the specific needs and preferences of workers with family responsibilities of both low- and middle-income groups for childcare services and facilities. It also asks the Government to provide information on any measures taken to ensure the quality of childcare facilities and services. The Committee also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 7. Vocational guidance and training. The Committee recalls its previous requests regarding measures to assist women to enter, re-enter and remain in the labour force. The Committee notes the Government’s indication that no reliable figures are currently available regarding the number of women with family responsibilities participating in the Working–Learning Project who have been placed and remained in the labour market. It notes the Government’s indication that 3–4 per cent of women working less than 27 hours, and 14 per cent of those working 28–34 hours would like to have full-time employment (35 hours or more), according to the Dutch Labour Force Survey. The Government adds that, since 50 per cent of women working 12 hours or more were already working part time even before taking on care responsibilities for children, for a substantial proportion of women, a return to full-time employment is not relevant. It further indicates that the Taskforce Part-time Plus, which was established by the Government to encourage an increase in the working hours of women, concluded that the main factor for the strong preference of women to work part time lies in the broad social acceptance and availability of part-time work, in combination with social pressure on women to work part time, in particular in terms of care responsibilities. In this connection, the Committee notes the observations by the FNV that, according to some research, employers invest more in full-time workers, still largely men, and less in part-time workers who combine work and family responsibilities. With regard to the economic sectors for which collective agreements allow employers to deviate from the Working Hours (Adjustment) Act, the Committee notes the Government’s indication that most provisions in collective agreements which are in deviation of the Act are in favour of employees; in 2009, however, two agreements were found which limited the right of employees to increase their working hours: one requires positive performance of the employee, and the other allows the employer not to take the employee’s request into consideration. The Committee asks the Government to indicate any measures taken or envisaged to address the issues of female concentration in part-time work, and to improve educational and training opportunities for part-time workers, with a view to improving the possibilities of full-time employment and job security of workers with family responsibilities through strengthening their occupational qualifications, as well as the results achieved.

The Committee is raising other points in a request addressed directly to the Government.