Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Employment Policy Convention, 1964 (No. 122) - Caribbean Part of the Netherlands

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

Articles 1-3 of the Convention. Implementation of an active employment policy and employment trends. In its previous comments, the Committee had requested the Government to provide information on the active employment measures adopted and implemented, with the participation of the social partners, and their impact on promoting full, productive and sustainable employment opportunities in the Caribbean Part of the Netherlands. The Government indicates that the Ministries of Social Affairs and Employment (SZW), Interior and Kingdom Relations (BZK) and Health, Welfare and Sport (VWS) combine their efforts, taking an integrated approach to the implementation of projects. These projects focus on social security and on increasing the participation in the labour market of workers in general, including of persons with disabilities; improving the functioning of the labour market, education and integration and combating poverty and debt. The Government further refers to the “Job Programs” project, which focuses on providing job guidance and job matching services, as well as to a twinning project with the municipality of Leiden aimed at transferring knowledge and expertise to better equip the public entities responsible for job placements.

The Committee notes the statistical information provided by the Government. In particular, it notes that, according to the information provided, in 2016, 26 per cent of young people on St. Eustatius were not in education and were not working, compared to 11 per cent on Bonaire and 8 per cent on Saba. More than three-quarters of young people not in education in Bonaire were in employment, 85 per cent of whom were working 35 hours or more per week. The Committee requests the Government to continue to provide updated information on active employment measures adopted and implemented as well as detailed information, including statistical data disaggregated by age and sex, on the impact of such measures in promoting full, productive and sustainable employment opportunities in the Caribbean Part of the Netherlands. The Committee reiterates its request that the Government provide information specific to the islands of Bonaire, Eustatius and Saba on the consultations held with representatives of employers' and workers' organizations, including details of their contribution to the design and implementation of an active employment policy.

Measures taken to address the COVID-19 Pandemic. The Committee notes that in its supplementary report, the Government refers to the significant economic impact of the pandemic on the islands in the Caribbean Part of the Netherlands, which rely heavily on tourism. The Committee notes that, according to the Netherlands Enterprise Agency website, to address this situation, the Dutch Cabinet decided on 17 March 2020 that businesses and entrepreneurs on Bonaire, Saba and St. Eustatius could qualify for an emergency package of special economic measures to address the impacts of COVID-19 on this sector. These measures consist of: compensation for labour costs; extra support for independent entrepreneurs and other individuals and liquidity support. The Government further indicates that the same measures applicable in the European Netherlands to address the pandemic are also applicable in the Caribbean Part of the Netherlands, the most important measure being the postponement of tax for entrepreneurs facing liquidity difficulties as well as the obligation to provide training to increase workers employability and the obligation to inform workers that the enterprise is using support measures. The Government also informs about other measures for SMEs that include small credits and loan guarantee schemes. The Committee requests the Government to provide information on the impact of these support measures. The Committee further requests the Government to provide information on active labour market measures targeting other key economic sectors in Bonaire, Saba and St Eustatius and their impact on labour market participation, particularly for young persons.

Legislation. In its direct request concerning the application of Convention No. 122 by the Netherlands, the Committee noted the adoption of the Employment Market in Balance Act (Wet Arbedismarkt in Balans), which came into force on 1 January 2020. Recalling that, according to the Government's 2017 report, not all Dutch legislation is directly applicable to the Caribbean Part of the Netherlands, the Committee requests the Government to clarify whether the Employment Market in Balance Act is applicable to Bonaire, St Eustatius and Saba and, if not, to indicate whether the Government contemplates extending the application of the Act to these islands.