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

Equal Remuneration Convention, 1951 (No. 100) - Netherlands (Ratification: 1971)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation for Professionals (VCP) received on 29 August 2019, as well as the additional observations of the CNV and the FNV received on 24 September 2020, which were also transmitted by the Government.

Article 2 of the Convention. Measures to address differences in remuneration of part-time workers and workers in other non-standards forms of work contracts. The Committee previously noted the recommendations made by the Task Force Part-Time Plus established to address equal pay in a wider national context in which men are usually working full time and women part-time. It requested the Government to provide information on targeted measures taken to reduce the pay gap between men and women, taking into account the high number of women engaged in part-time work and their concentration in jobs that are generally lower paid, and to report in detail on the results achieved. The Committee notes the Government’s statement, in its report, that a high number of women is still working part-time, in particular young women; the difference in the average number of hours worked per week between women and men (28 hours and 39 hours respectively, in 2017) being much greater that the European average. The Government indicates that, as a result, it has decided to undertake an Interdepartmental Policy Study (IBO) to explore the causes and effects of part-time work, as well as possible obstacles in working more or fewer hours, in order to elaborate relevant policy packages. As regards the concerns previously expressed by the FNV and the CNV regarding the gender pay gap with respect to other non-standard forms of work contracts (fixed-term work, zero or undefined hours contracts and self-employed workers), the Committee notes the lack of information provided by the Government. However, it notes that, in their additional observations, the FNV and the CNV point out that, as a result of the COVID-19 pandemic: (1) the number of hours worked by women has declined more rapidly than the number of hours worked by men; a situation which has had a negative impact on the labour market position of women and the achievement of equal remuneration; and (2) a high number of workers with flexible contracts lost their job. In that regard, the Committee notes that, in its supplementary information, the Government indicates that, on 22 June 2020, a temporary measure (TOFA) was introduced for “flexible workers” that have been laid off after 1 March due to the COVID-19 crisis, with a substantial loss of income. The scheme consists of a one-off gross payment of €1,650 for the period from March to May 2020. In light of the absence of measures implemented to address differences in remuneration of part-time workers, the Committee urges the Government to provide information on any measures taken to reduce the pay gap between men and women, taking into account the high number of women engaged in part-time work and their concentration in jobs that are generally lower paid, in particular as a follow-up of the planned Interdepartmental Policy Study on part-time work. It again asks the Government to provide information on any measures taken or envisaged to assess and address differences in remuneration with respect to other non-standard forms of work contracts and obstacles that may exist for such workers to initiate legal proceedings concerning pay inequalities between men and women.

Measures to address the gender pay gap. Referring to its previous comments, the Committee notes the Government’s indication that the unadjusted pay gap between men and women decreased from 20 per cent, in 2014, to 19 percent, in 2016, in the private sector, and from 10 per cent, in 2014, to 8 per cent, in 2016, in the public sector. The Government adds that, after correction (taking into account differences in part-time and full-time work, age, level of occupation and management posts), in 2016, a difference remained of 7 per cent in the private sector and 5 per cent in the public sector, such figures being unchanged when compared to 2014. The Committee notes the Government’s statement that an important part of the explanation of the gender pay gap is the persistent uneven distribution of care responsibilities between men and women which hampers women’s participation in the labour market. In that regard, the Committee refers to its comments made on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). As regards women in higher management level, the Committee notes the Government’s statement that their number is rising too slowly as, mid-2017, women represented only 11.7 per cent of members of boards of directors and 16.2 per cent of members of supervisory boards. The Government adds that more companies need to work on moving women to higher positions and that it started to monitor progress in that regard, in particular through a benchmark on companies achieving diversity in top positions and the setting-up of a new Business Monitor. The Committee notes that the Government requested the Social and Economic Council (SER) to provide advice on effective measures that would contribute to gender diversity in higher management level. The Committee takes note of this information. However, it notes with regret the repeated lack of information provided by the Government on additional measures taken to address, in cooperation with the social partners, that part of the difference in remuneration that may be due to discrimination. In that regard, it notes that the FNV, the CNV and the VCP urge the Government to support a law proposal on equal pay for women and men that: (1) would request companies with more than fifty employees to prove that equal remuneration is paid to women and men for equal work; and (2) introduce a certification system with an obligation for employers to provide figures every three years on the remuneration of employees and address unequal remuneration situations, or pay fines, and the labour inspectorate being in charge of such monitoring. Furthermore, the trade unions consider that there is a need to address the possibility that part of the gender pay gap may be caused by discrimination, whether unconsciously or intentionally, while also improving the labour market position of women who are still overrepresented in lower-paid sectors, such as education, health care, childcare, cleaning and retail. In their additional observations, the FNV and the CNV add that the COVID-19 pandemic showed that such sectors are vital as women have been working in the frontline during the recent lockdown, while pointing out that this is not reflected in the level of their remuneration. In light of the persistent gender pay gaps, the Committee urges the Government to provide information on the proactive measures implemented to reduce the gender pay gaps, both in the public and private sectors, including by enhancing women’s access to jobs with career prospects and higher pay. It asks more particularly the Government to provide information on any measures taken or envisaged to address the difference in remuneration that may be due to gender discrimination, including information on any legislative proposal in relation to the principle of the Convention. Finally, the Committee asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

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