Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Migration for Employment Convention (Revised), 1949 (No. 97) - Netherlands (Ratification: 1952)

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV) dated 20 August 2012, which were forwarded to the Government for its comments.

Migration flows and new developments. The Committee notes the statistics provided by the Government for 2010 and 2011 on the sectors in which migrants are employed and on the work permits issued by nationality, indicating that most migrant workers are employed in agriculture, business services and the catering industry. Out of the 13,584 work permits issued in 2010, 2,734 permits were issued to workers from Romania, 2,380 to workers from China, 1,343 to workers from India and 866 permits to workers from Bulgaria. The Committee notes that the free movement of workers from Bulgaria and Romania will enter into force by the end of 2013. The Committee asks the Government to continue to provide statistical data, by sex and nationality, on the number of foreigners employed in the Netherlands, indicating, if possible, their migrant status (temporary, long-term resident or permanent) and the sectors in which they are employed.

Article 6 of the Convention. Equality of treatment. The Committee notes from the information in the Government’s report that the Equal Treatment Commission (ETC) dealt with 2,625 cases between 2007 and 2011 and that 957 judgments were passed and 1,668 other measures pronounced, including mediation. Out of the 2,625 cases, 1,328 cases were related to labour (730 judgments and 598 other measures) of which 44 cases involved discrimination based on nationality and 215 cases involved discrimination on the basis of race, although the Government indicates that cases of racial discrimination also concerned Dutch nationals with a foreign background. The Committee asks the Government to continue to provide information on cases dealt with by courts and the Equal Treatment Commission regarding discrimination of migrant workers, and to indicate whether these concerned the matters enumerated in Article 6(1)(a)–(c) of the Convention. The Committee also asks the Government to provide information on any activities carried out by the labour inspection services to monitor conditions of employment of migrant workers, particularly in the sectors in which they are mainly employed, and the results of these activities.

Equal treatment with respect to accommodation. Noting the FNV’s recommendation to address inadequate housing of migrant workers, especially since the provision of decent accommodation is often part of the terms and conditions of employment of temporary migrant workers, the Committee requests the Government to provide information on how the provisions in the employment contract regarding decent accommodation are being monitored and enforced in accordance with Article 6(1)(a)(iii) of the Convention, and the results achieved.