Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Home Work Convention, 1996 (No. 177) - Netherlands (Ratification: 2002)

The Committee notes the observations of the National Federation of Christian Trade Unions (CNV), the Netherlands Trade Union Confederation (FNV), and the Trade Union Federation for Professionals (VCP), received on 28 September 2018. The Committee requests the Government to provide its comments in this respect.

Articles 1, 2 and 3 of the Convention. National policy on homework. In reply to the social partners’ previous observations, the Government indicates that the fact that an employee works – mostly on a voluntary basis – on a fixed day at home, can be seen as a situation which is included in the definition of “homeworkers” provided in the Convention. It further indicates that homeworkers without employee status are not covered under the Convention. The Government also provides information concerning amendments to the Minimum Wage Act (2018), according to which persons working on the basis of a contract containing specific instructions qualify for the minimum wage unless they work as self-employed earners, while the minimum wage does not apply to piece- or performance-based work. The CVN, FNV and VCP express concern regarding the definition of “homeworkers” provided by the Government. They observe that, according to the Dutch homework arrangement, a homeworker is someone who exclusively works at home and does not outsource his or her work. They maintain that this arrangement was created to protect vulnerable self-employed people from loss of income in case of illness, incapacity for work and employment, given that an employee falling within this arrangement is protected by the social safety net and the client is responsible for making payroll tax payments. The trade unions observe that the occasional employee working at home instead of at the workplace is not covered by this arrangement and, thus, does not enjoy the same protections. They add that, pursuant to the General Administrative Order of 8 April 2016, this protection can now be easily excluded by a client in a written agreement and they urge the Government to annul the Order. The Committee recalls that the social partners have repeatedly observed that there is no national policy relating to homework and that, contrary to the stated intention of the Government, the social partners have not been invited to discuss the situation of homeworkers. The Government reiterates its position that because homeworkers enjoy the same protection as other workers, no separate policy is required to guarantee them the protection resulting from the Convention. It indicates that, in the framework of regular discussions on labour legislation and the labour market held between the Government and the social partners, a discussion on the position of homeworkers in a broad sense could take place. The Committee draws the Government’s attention to the requirement arising from Article 3 of the Convention to adopt, implement and periodically review, in consultation with the social partners (including organizations concerned with homeworkers and those of employers of homeworkers), a national policy on homework which aims to improve the employment and working conditions of homeworkers. The Committee requests the Government to specify the tripartite consultations undertaken relevant to the development and implementation of a national policy on homework, and to provide updated information regarding progress made in adopting a national homework policy.

Article 4. Equality of treatment between homeworkers and other wage earners. In their observations, the FNV, CNV and VCP express the view that women homeworkers should be entitled to maternity leave regardless of their employment status. The FNV urges the Government to look into this problem and, at a minimum, extend the maternity leave allowance for self-employed workers to homeworkers. In its response, the Government indicates that homeworkers are entitled to the same maternity protection coverage under the labour legislation as other wage earners but does not specify the relevant legal provision. The Committee notes the benefits stated by the Government and acknowledges its full reply.

Part V of the report form. Application in practice. The Committee welcomes the statistical information provided by the Government regarding the number of employees that usually work at home. The Committee requests the Government to provide information of a general nature concerning the application of the Convention in practice, including statistics on the number of workers covered by the Convention, if possible broken down by gender and age, as well as copies of official reports or research studies concerning the working conditions of homeworkers.