Texts of pending comments

The Committee takes note of the observations received on 31 August 2021 from the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV), which refer to matters examined by the Committee in the present direct request. The Committee further notes the Government’s detailed reply to the 2017 observations from the FNV, the CNV and the Trade Union Federation for Professionals (VCP).

Article 3 of the Convention. Right of workers’ organizations to organize their activities in full freedom. In its previous comments, the Committee requested the Government to provide its comments on the use in practice of agency workers to break strikes – as alleged by the FNV, the CNV and the VCP. The Committee notes the Government’s indication that: (i) article 10 of the Dutch Posting of Workers by Intermediaries Act (Waadi) prohibits temporary employment agencies to provide workers to a company during a strike within that company; (ii) in the event of suspicion of non-compliance with this article, social partners or other parties concerned can submit a formal request to the Social Affairs and Employment Inspectorate (Inspectorate SZW) which conducts an extensive investigation regarding all facts and circumstances relevant for the specific situation and working relationship; (iii) the Inspectorate SZW has no legal means to enforce article 10 Waadi apart from conducting an investigation and issuing a report. It is up to the reporting party or parties to go to civil court and to make use of the facts presented in the report by the Inspectorate SZW.

The Committee also takes note of the 2021 observations of the FNV and the CNV according to which the Inspectorate SZW does not always have immediate access to the workplace to detect a violation of the strike-breakers ban, as evidenced by various collective actions that have taken place in recent years at Schiphol Airport, where many ISZW inspectors have no direct access behind customs due to the specific regulations on the Schiphol territory. They allege that, after a violation has been established, it takes a year or longer before ISZW issues a report and that, when a trade union subsequently starts legal proceedings against the offenders, the civil court imposes damages of no more than 5,000 euros per offender, which are not dissuasive. Moreover, the Committee notes that these two workers’ organizations denounce the so-called “intra concern exception” contained in the Waadi, which makes it possible for a subsidiary to fly in employees to serve as strike-breakers with impunity in the event of a strike. Finally, the Committee takes note of the complaint lodged in July 2021 by the European Trade Union Confederation (ETUC), the FNV and the CNV before the European Committee of Social Rights in which they allege, inter alia, that the manner in which Dutch higher and lower courts impose restrictions on collective actions is not in conformity with the European Social Charter. In view of the above and in particular the last observations from the FNV and the CNV according to which the strike-breakers ban lacks effectiveness, the Committee requests the Government to continue to provide detailed information on the application in practice of article 10 of the Dutch Posting of Workers by Intermediaries Act (Waadi) which prohibits temporary employment agencies to provide workers to a company during a strike within that company.

The Committee takes note of the observations received on 31 August 2021 from the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV), which refer to matters examined by the Committee. It further notes the Government’s reply to the 2017 observations from the FNV, CNV and the Trade Union Federation for Professionals (VCP).

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination other than dismissal. In its previous comments, the Committee requested the Government to provide detailed information on the complaints and procedures on anti-union discrimination in recruitment. The Committee has previously also repeatedly invited the Government to initiate discussions with the most representative employers’ and workers’ organizations with a view to broadening the protection of both trade union members and representatives in order to cover all acts of anti-union discrimination, including during employment.

The Committee notes the Government’s reference to the Equal Treatment Act, which regulates the prohibition of discrimination based on different grounds, including with respect to union members, since it prohibits direct and indirect discrimination based on political opinion or belief or any other ground. Concerning access to remedies, the Government recalls in general terms that there are different possibilities for citizens to file complaints based on the Equal Treatment Act. Although it indicates that is not aware of any recent decision concerning anti-union discrimination, the Government mentions the possibility of seizing: (i) the Institute for Human Rights, which is an independent national supervisory body (although its decisions are not legally binding, the Government points out that they are applied in most cases); and (ii) the Recruitment Code Complaints Committee of the Dutch Association for Personnel Management and Organization Development (NVP). The Committee also takes note of the action plan launched by the Government against labour market discrimination 2018–21, which consists of three pillars (supervision and enforcement, research and instruments, and knowledge and awareness), including the recruitment processes and covering all grounds of discrimination. The Committee finally notes that the Government states that it is open to starting a dialogue with the social partners as part of its regular consultations with the Labour Foundation to gain more insight into anti-union discrimination against union members and representatives. While taking note of the information provided by the Government, the Committee regrets that it has not received information on the concrete use of the mechanisms described by the Government. In order to enable it to assess whether adequate protection against acts of anti-union discrimination other than dismissal is provided in practice, the Committee requests the Government to provide detailed and updated information on any complaint of anti-union discrimination brought to the Institute for Human Rights, the NVP, the courts or other competent authorities. Noting the availability expressed by the Government in this respect, the Committee once again requests the Government to take the necessary action to initiate national dialogue with the most representative employers’ and workers’ organizations with a view to ensuring comprehensive protection of both trade union members and representatives against all acts of anti-union discrimination, including during employment (for example, in relation to transfer, relocation, demotion or deprivation or restriction of remuneration, social benefits or vocational training). The Committee requests the Government to provide information on any steps taken in this respect.

Article 4. Promotion of collective bargaining. Self-employed workers. In its previous comments, the Committee invited the Government to hold consultations with all the parties concerned with the aim of ensuring that all workers, including self-employed workers, may engage in free and voluntary collective bargaining. The Committee recalls that the opinion published by the Netherlands Competition Authority (NMA) discouraging collective bargaining on the terms and conditions of contract labour (that is, work performed by individuals who do not necessarily work under the strict authority of the employer and who may have more than one workplace) gave rise to judicial action: (i) the European Court of Justice (ECJ), at the request of the Court of Appeal of The Hague, issued a preliminary ruling on 4 December 2014 in the proceedings FNV Kunsten Informatie en Media (KIEM) v. the State of the Netherlands. The ECJ ruled that, under European Union law, it is only when self-employed service providers are “false self-employed” (in other words, service providers in a situation comparable to that of the respective employed workers), that a provision of a collective labour agreement, which sets minimum fees for those self-employed service providers, does not fall within the scope of Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) (prohibition of agreements restricting competition); and (ii) the Court of Appeal of The Hague subsequently issued a decision on 1 September 2015, pursuant to which competition law does not preclude a collective agreement from requiring an employer to apply the provisions of the collective agreement to self-employed substitutes (that is musicians substituting for members of an orchestra). The Committee also recalls that the Government pointed out that, according to the ECJ ruling, collective agreements for this group of “self-employed” persons (e.g. service providers in similar positions to employees) could be made on their behalf, but that this case had not yet led to amendments to the legislation or regulations. In addition, the Committee noted in its previous comments that, according to the FNV, the Netherlands Authority for Consumers and Markets (ACM) (the former NMA) still refused to more broadly acknowledge the collective bargaining rights of self-employed workers who work side-by-side with regular employees, denying both those workers and the employees a fair income and allowing or even promoting underbidding, and that the Ministry of Social Affairs followed the ACM without giving consideration to the effects of the ruling on collective bargaining rights.

The Committee notes the Government’s indication that after the KIEM case, the ACM published guidelines on price arrangements between self-employed workers in 2017 and a new version in November 2019. The latter provide further clarification on the scope offered by competition law to self-employed workers who work side-by-side with employees to agree on tariffs and other conditions. The Government also points out that the ACM will not impose any fines on arrangements between and with self-employed workers that aim at guaranteeing their subsistence level. The Government finally refers to the research carried out by the European Commission concerning the possibilities of collective bargaining for vulnerable self-employed and platform workers under EU competition law. While taking due note of the information provided by the Government, the Committee wishes to recall that the Convention only provides for exceptions to its personal scope of application in respect of the armed forces and the police (Article 5) and public servants engaged in the administration of the State (Article 6), and that it therefore applies to all other workers, including self-employed workers. The Committee also stresses that a limitation of the material scope of collective bargaining in respect of remuneration to the mere guarantee of subsistence conditions would be contrary to the principle of free and voluntary collective bargaining recognized by Article 4 of the Convention. In view of the above, the Committee once again invites the Government to hold consultations with the parties concerned to ensure that all workers covered by the Convention, irrespective of their contractual status, are authorized to participate in free and voluntary collective bargaining. Considering that such consultations are intended to enable the Government and the social partners concerned to identify the appropriate adjustments to be made to the collective bargaining mechanisms in order to facilitate their application to the various categories of self-employed workers, the Committee requests the Government to provide information on any progress achieved in this regard and on any legislative measures adopted or contemplated.

Articles 2 and 4. Protection against interference in the context of collective bargaining mechanisms. The Committee notes that in their observations the FNV and CNV allege that the collective bargaining model is undermined by allowing collective agreements signed by small unions or unions that do not offer sufficient guarantees of independence to be declared applicable to all workers. It also takes note of the Government’s reply to the 2017 observations of the FNV, CNV and VCP on the same issue. The Committee notes that, in their 2021 observations, the FNV and CNV reiterate that in the Netherlands employers and employers’ organizations can decide to conclude a collective labour agreement (CLA) with a small union that does not present sufficient guarantees of independence. They allege specifically that: (i) such CLAs apply to all (sometimes many thousands of) workers, including the members of more representative independent organizations objecting to such agreements; (ii) they are registered without any test and are declared generally binding by the Government; and (iii) if independent trade unions raise objections to such a declaration of binding effect, there are no valid criteria for carrying out an independence test.

The Committee notes in this respect the indications of the Government that: (i) collective bargaining parties are free to decide themselves with whom they negotiate and conclude a CLA, and hence, a collective labour agreement can also be concluded with a smaller union; (ii) according to section 2 of the Dutch Collective Labour Agreement Act, a party that wishes to conclude a CLA must be authorized to do so by its statutes. This is a formal requirement that is checked by the Government; (iii) CLAs must be registered with the Government and if the parties want a CLA to be generally binding, a request must be filed with the Government (according to the rules and conditions deriving from the Dutch Binding and Non-Binding Status of Provisions of Collective Labour Agreements Act, the Assessment framework for declaring collective labour agreement provisions generally binding, and the Decree on registration of collective labour agreements). The Government indicates that the assessment framework specifically refers to Article 2 of the Convention and that one of the conditions for declaring CLA provisions generally binding is that they must already apply to a significant majority of the persons working in the sector. Other parties may request dispensation from the process of declaring a CLA generally binding.

The Committee wishes to recall that, by virtue of Article 4 of the Convention, the right to collective bargaining rests with workers’ organizations and employers and their organizations and that the determination of the criteria for the designation of bargaining agents is a central issue. The Committee recalls in this respect that, even if different collective bargaining systems are compatible with the Convention, in particular those which grant the monopoly of collective bargaining to the most representative trade union organization, as well as those which recognize the right of individual trade unions in a bargaining unit to bargain on behalf of their own members, it has stressed the importance of the criteria of representativeness and independence in the event of a controversy concerning the determination of the bargaining agents. In this respect, the Committee has consistently stressed that unjustified refusal to recognize the most representative organizations may impair the promotion and development of free and voluntary collective bargaining within the meaning of the Convention. In this context, the Committee considers that a system that would allow a collective agreement to be applied to all workers in a bargaining unit despite of being opposed by the most representative trade unions concerned, would raise problems of compatibility with the principle of free and voluntary collective bargaining. The Committee also wishes to recall that the criterion of independence of workers’ organizations from the employer, or of a grouping of employers, is of key importance. The reality of independence is inseparable from the very existence of a trade union movement that must effectively represent the interests of the workers and is therefore essential to ensure the authenticity of the entire collective bargaining process. In view of the above, and since in the Dutch collective bargaining system collective agreements, unless otherwise stipulated, have an effect on the employment contracts of all employees in the companies concerned and not only of members of the signatory unions, the Committee requests the Government to provide detailed updated information on: (i) the mechanisms available to guarantee that the will of the most representative workers’ organizations is taken into account in the negotiation, conclusion and extension of collective agreements; (ii) the criteria applied in order to assess the independence of a union and any existing case law on the subject; and (iii) the number of collective agreements concluded and the number of those extended, where the signatory workers’ organization is not the most representative in the bargaining unit concerned.

Article 3 of the Convention. Revising concepts, definitions and methodology, in cooperation with the social partners. The Committee notes the Government’s response to the previous observations of the FNV regarding the importance of collecting and compiling up-to-date statistics in branches of economic activity where many foreign workers have been posted from abroad, which responds fully to its previous request.

Articles 7 and 8. Employment, unemployment and underemployment statistics. Statistics of the structure and distribution of the economically active population. The Committee notes the information provided by the Government in reply to its previous comments and notes that it regularly supplies statistics to the ILO Department of Statistics for dissemination through its website (ILOSTAT). It also notes that the main source of statistical information on the labour force, employment, unemployment and visible underemployment continues to be the Dutch Labour Force Survey. The Dutch Central Bureau for Statistics (Statistics Netherlands) carries out population censuses every 10 years. Census data has been regularly supplied to ILOSTAT. The most recent 2011 household and housing census data is available on Eurostat or the Statistics Netherlands web pages. The Government indicates that Statistics Netherlands is once again organizing a census, based on EU Regulation; the 2021 census data will be transmitted to Eurostat by the end of 2022. The Committee requests the Government to communicate data and methodological information with respect to the 2021 census. It also again invites the Government to provide information on any developments in relation to the implementation of the Resolution concerning statistics of work, employment and labour underutilization (Resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).

Article 9. Current statistics of average earnings and hours of work. Statistics of time rates of wages and normal hours of work. The Committee notes that no new information has been provided by the Government with respect to Article 9(1). Data on average monthly earnings is derived from the Structure of Earnings Survey (2018), while data on hours of work is derived from the EU Labour Force Survey. This data has been regularly transmitted to the ILO for dissemination on ILOSTAT since 2011. Methodological information relating to both surveys is available on the Statistics Netherlands web page. With respect to Article 9(2), the Government indicates that the Dutch Central Bureau for Statistics (CBS, Statistics Netherlands) publishes monthly figures on its website with regard to the application of this provision. The Committee requests the Government to continue to provide information with respect to the application of Article 9 of the Convention. In addition, the Committee reiterates its request that the Government inform the Office of any changes envisaged in the compilation of statistics of wage rates and normal hours of work covering key occupations or groups of occupations in important branches of economic activity.

Article 10. Statistics of wage structure and distribution. With regard to the application of Article 10, the Committee notes the Government’s indication that Statistics Netherlands publishes regular updates with regard to the application of Article 10 on its website. The Committee requests the Government to continue to provide updated information with respect to statistics of wage structure and distribution in its next report.

Article 11. Statistics of labour cost. The Government reports that Statistics Netherlands publishes regular updates with respect to the application of Article 11 on its website. Detailed data by economic activity on labour costs is gathered every four years in the context of research coordinated by Eurostat. The Committee notes that the most recent data published by Statistics Netherlands refers to 2016. It notes, however, that results of the EU Labour Cost Survey have not been received by the ILO Department of Statistics. Statistics of average hourly labour cost by economic activity, derived from the National Accounts are regularly transmitted by the Government for dissemination on ILOSTAT, with the most recent data referring to 2020. The Committee notes that methodological information on the quarterly labour cost index (LCI) is available from EUROSTAT reports. Noting that no estimates of statistics of labour cost derived from the EU Labour Cost Survey have been provided to the ILO for a number of years, the Committee reiterates its request that the Government communicate the data collected through the EU Labour Cost Survey to the ILO as soon as possible.

Article 14. Statistics of occupational injuries and diseases. The Committee notes the information provided by the Government in its report concerning the documents available on the Statistics Netherlands website with respect to the statistical and methodological information related to occupational injuries and diseases. It notes with interest the Government’s response to its previous request concerning the involvement of the social partners with respect to the compilation and updating of this data (Article 3). In addition, the Committee notes that statistics on occupational injuries are regularly submitted to the ILO Department of Statistics through its annual questionnaire on labour statistics. The Committee requests that the Government continue to provide updated information on statistics on occupational injuries and diseases.

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. The Committee also notes the joint 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 18 August 2019 as well as the observations submitted with the Government’s report in 2019.

Articles 1, 3 and 6 of the Convention. Activities of the employment service and contribution to employment promotion. The Committee notes that in its 2019 report the Government indicates that in 2016 the employment services (UWV) adopted a new employment service program that provides personal employment services to unemployed individuals. The expected benefit and effectiveness of personal employment services for an individual is determined through a score based on a questionnaire (Werkverkenner) filled out by the individual during his/her application for unemployment benefits (WW). The Government highlights that those eligible for personal employment services will be appointed a personal work counsellor. Those considered ineligible will continue to receive the standard employment service through digital means. However, these unemployed workers could still be given access to these personal services if their personal work-counsellor deemed it beneficiary. The Government further indicates that the UWV runs 34 information points distributed regionally (Leerwerkloketten) specifically aimed at providing information about work-oriented education opportunities for both employed and unemployed individuals. The system also connects different regional partners and initiatives. The Committee notes that the FNV, the CNV and the VCP indicate, however, that the services are insufficiently accessible to those unemployed persons with a reasonable chance to resume work within the year and that according to a 2018 study, there has been a 30 per cent of cases of incorrect assessments. Furthermore, the services provided are mainly digital and only recently the UWV has received the means to ensure that unemployed workers will have face-to-face conversations with a personal work counsellor. The Federations further indicate that the quality of the services provided by the 34 information points varies greatly from among regions. The Committee notes the additional information provided by the Government concerning the role of the UWV in the implementation of the measures to contain and mitigate the negative impact of the COVID-19 pandemic. In this regard, the Government refers in particular to the NOW and TOFA schemes addressed to employees and workers in flexible contracts. The Government adds that all requests for benefits in the framework of those schemes have to be addressed to the UWV. The Committee requires the Government to reply to the observations submitted by the FNV, the CNV and the VCP and to provide updated information on the activities carried out by the employment service (UWV) in order to ensure “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2) of the Convention). The Committee requests the Government in particular, to continue to provide information on the specific measures taken by the UWV to cope with the consequences of the COVID-19 pandemic on the labour market. Please provide any relevant statistical information disaggregated by sex and age concerning the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by the offices (Part IV of the report form).

Articles 4 and 5 of the Convention. Participation of the social partners. Concerning its previous request for information on the manner in which the social partners are consulted, the Committee notes that according to the Government’s 2019 report, the Social Economic Council (SER) plays a central role as an advisory body for all matters concerning social policy, including those related to the UWV. Besides, the development and implementation of all public policy initiatives are shared with and reviewed by the social partners through the Labour Organisation (StvdA) a national consultative body integrated by the three major trade union federations and three employers’ associations in the country. The Committee notes in this regard, that FNV and the CNV welcome the measures taken by the Government to prevent the negative impact of the COVID-19 pandemic. The Committee notes, however, that in their 2019 observations the FNV, the CNV and the VCP refer to the limited possibilities of social partners to participate in the StvdA and that the advice provided by the SER is not taken into account by the Government. They further indicate that the SER is not monitoring the performances of the UWV. The Committee requests the Government to reply to the observations by the FNV, the CNV and the VCP and to provide specific details on the manner in which the employers’ and workers’ organizations are consulted, including through the Social and Economic Council and the Labour Organisation, on the organization and operation of the employment service and in the development of the employment service policy, particularly in the framework of the COVID-19 pandemic.

Article 7. Measures to meet adequately the needs of particular categories of applicants for employment. The Government indicated in its 2019 report that although the new organization of the UVW has decreased the need for an explicit policy focus on certain groups, work has continued in order to improve the labour position of young and older workers. For young workers, there is an increased focus on facilitating the transition from school to work. In this regard, the foundation for cooperation on Vocational Education, training and labour Market (SBB) connects educational institutions with relevant employers. Concerning older workers, the Government continues the plan of action to strengthen the position of those aged 50 and over in the labour market. The Committee requests the Government to continue to provide updated information on the activities carried out by the UWV with respect to young people and older unemployed persons, particularly in the framework of the COVID 19 pandemic. The Government is requested to provide statistical information that enables the Committee to assess the evolution of the participation of these specific groups in the labour market.

Article 11. Cooperation between the public employment service and private employment agencies. The Committee refers to its 2020 direct request on the application of the Private Employment Agencies Convention, 1997 (No. 181), and invites the Government to continue to provide information on the arrangements made to secure effective cooperation between the public employment service and private employment agencies.

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 this year, as well as on the basis of the information at its disposal in 2019.

The Committee 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 October 2019. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Insertion of labour clauses in public contracts. For a number of years, the Committee has been requesting the Government to provide information on progress made in ensuring effective application of the core requirements of the Convention. The Committee also requested the Government to provide updated information on the Code of Responsible Market Conduct (the Code) and its impact, as well as on the number and type of sanctions imposed by the sectoral committees authorised to examine complaints alleging inefficient or inadequate application of the Code. The Government indicates that the Code provides a set of principles that call for adequate working conditions, correct payment of wages and other conditions of work and employment. It adds that, while the Code is not legally binding, it makes a moral appeal to commissioning parties, contractors, hirers, trade unions, and intermediaries to describe, accept, and carry out assignments in a socially responsible manner. The Committee notes the Government’s indication that the Code was signed by almost 1,500 parties in 2019. It further notes the information provided by the Government indicating that some 50 complaints are received annually and that such complaints can lead to sanctions. In their observations, the workers’ organizations express their concern at the position of the Government that no further adjustments are necessary regarding the implementation of the Convention. They point out that the Netherlands has never specifically implemented the Convention, but that the Public Procurement Act of 2012, as amended in 2016, provides a general legal framework for public procurement that implements the European public procurement directives but does not give effect to Article 2 of the Convention. The Committee further notes the observations made by the Dutch trade unions with regard to the provisions of section 2.115 of the Public Procurement Act, in which they express the view that this provision is purely permissive and does not ensure the application of Article of the Convention. The workers’ organizations also refer in their observations to the Wet Aanpak Schijnconstructies (WAS) of July 2015, which introduces a civil-law “chain of liability” for payment of wages owed to workers engaged under public contracts. The Committee notes that neither the Dutch Public Procurement Act 2016 (as amended), nor the WAS contain any provisions giving effect to the Convention. In relation to the Code, the FNV, CNV and VNP indicate that the application of the Code is limited to its signatories, pointing out that the Code itself is a voluntary guide to prompt more responsible market behaviour, but which does not contain any legally binding provisions. The Dutch trade unions express their disagreement with the Dutch Government’s reference to the Code as demonstrating the material implementation of Convention No. 94 in the Netherlands, observing that the Government’s own institution, the Netherlands Authority for Consumers and Markets (ACM) takes the position that the inclusion of wage standards in the Code would infringe on (EU) competition law. The workers’ organizations consider that, notwithstanding the importance of the Code, it is irrelevant to the issue of material implementation of the Convention, as it contains no provisions requiring implementation of Article 2. Therefore, the workers’ organizations consider that, notwithstanding its repeated statements to the contrary, the Government of the Netherlands has no intention of complying fully with the requirements of Convention No. 94. While noting the importance of the Code of Responsible Market Conduct as a voluntary code of conduct, the Committee nevertheless wishes to draw the attention of the Government to its 2008 General Survey on labour clauses in public contracts (paragraph 128), in which the Committee stressed that the insertion of labour clauses in the specifications or general conditions of tender documents, even though it is a means of making persons tendering for contracts aware of the terms of such clauses in line with Article 2(4), does not suffice to give effect to the basic requirement of the Convention set out in Article 2(1), which requires that the labour clause be included as an integral part of the contract actually signed by the public authority and the selected contractor. Noting once again that it has been commenting for a number of years on the Government’s failure to give effect to the Convention, the Committee trusts that the Government will take all necessary measures without further delay to bring its national legislation into full conformity with the core requirements of the Convention. In this regard, it recalls that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily require the enactment of new legislation, but can also be realised by administrative instructions or circular.

Part V of the report form. The Committee requests the Government to communicate concrete, up to date information on the practical application of the Convention in its next report. In particular, the Committee requests the Government to provide examples of public contracts issued during the reporting period containing labour clauses within the meaning of the Convention, as well as extracts of reports by the inspection services showing the number and nature of any violations and the sanctions imposed, information on the number of public contracts awarded during the reporting period, the approximate number of workers involved in their execution, and any other particulars bearing on the practical application of the Convention.

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.

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.

Articles 1 and 2 of the Convention. Work of equal value. Scope of comparison. The Committee previously noted that the equal treatment legislation only allows for comparison of wages between men and women within the same company. The Committee notes the lack of information provided by the Government, in its report, on any measures envisaged to extend the scope of comparison beyond the level of the enterprise, as requested in its last comment. It further notes that, in their observations, the FNV, the CNV and the VCP indicate that job rating systems are based per sector, and that there is no system that compares wages and function levels across different sectors. The Committee recalls that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allow for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (see General Survey on the fundamental Conventions, 2012, paragraphs 676–679 and 697–698). Given the persistent gender segregation in certain sectors, including the education and health sector, the Committee asks the Government to provide information on any measures taken or envisaged to ensure that when determining whether two jobs are of equal value the scope of comparison goes beyond the same enterprise or sector. It further encourages the Government to undertake awareness-raising activities and trainings to promote better understanding of the principle of the Convention by employers, workers and their respective organizations, as well as judges and law enforcement officers, in particular as regards the scope of comparison. The Committee asks the Government to provide information on any unequal pay cases dealt with by labour inspectors, the Netherlands Institute for Human Rights or the courts allowing for a comparison to be made between the situation of a female employee and a male employee beyond the level of the same enterprise.

Article 3. Objective job evaluation. In its previous comments, the Committee noted that the Action Plan on Labour Market Discrimination for 2014-2018 provided for a wider dissemination of the existing tools such as the “Remuneration guide (loonwijzer)” and “Quickscan”, as well as the development of special wage negotiation courses for women by workers’ organizations. The Committee asked the Government to provide information on the efforts made, in cooperation with the social partners, to promote these tools in enterprises that have no job evaluation system. The Committee notes the lack of information provided by the Government in that regard. It however notes the Government’s indication that several tools are available for workers and employers, as well as their respective organizations, such as the «equal pay checklist» from the Labour Foundation and the advices on equal pay available on the website of the Netherlands Institute for Human Rights (hereinafter “the Institute”). Furthermore, anyone who reasonably suspects a pay discrimination can request an opinion from the Institute which will investigate the situation. The Government adds that, pursuant to the Works Council Act, members of entrepreneur councils are able to play a strong role in putting this issue on the agenda and tackling it within their own company. The Committee asks the Government to provide information on the proactive measures taken, in particular in cooperation with the social partners, to raise awareness about and promote the use of available tools for enterprises that have no job evaluation system. It further asks the Government to provide information on any assessment made on the impact of these tools, in particular in the determination of rates of remuneration free from gender bias, as well as on any other steps taken to develop and implement objective job evaluation methods and the results thereof.

Flexible pay systems, performance pay and long pay scales. The Committee notes that the Government merely refers to the information provided on the above-mentioned available tools on equal pay The Committee once again asks the Government to provide information on the measures taken to specifically monitor the application of the principle of equal remuneration for men and women for work of equal value in the context of negotiations on flexible pay systems, performance pay and long pay scales, so as to avoid these resulting in pay inequalities.

Equal remuneration with respect to pension schemes. The Committee previously noted the Government’s indication that the supplementary pension schemes did not include any gender disparity and that the unequal treatment that existed in the past with regard to married women and part-time workers, no longer existed. The Committee notes the Government’s indication that research carried out in 2016 showed that the expected pension to be achieved is higher for men that for women, mainly as a result of: (1) differences between men and women in labour participation; and (2) differences in the extent to which men and women work part-time. The Government states that it will pay explicit attention to the effects on the expected pension to be achieved for men and women in designing the renewal of its pension system. The Committee further notes the Government’s indication that it is preparing a renewal of the legislation for division of pension in case of divorce in order to achieve better gender equality, by ensuring that the partner who has accrued the least pension during the marital period, in practice mainly women, receives an independent entitlement to a pension. The Committee welcomes this information. Referring to its comments on the application to the Discrimination (Employment and Occupation) Convention, 1958 (No.111), the Committee notes that, in their observations, the FNV, the CNV and the VCP indicate that the gender pension gap is mainly caused by the fact that most women work part-time, thus requesting the Government to take appropriate measures to ensure that the time spent to care for children and relatives is more equally shared between men and women. The Committee asks the Government to provide information on any measures taken to address gender disparity in pensions, including on any changes introduced to that end in the legislation, specifically focussing on married women who mainly accrued the least pension and part-time workers who are mostly women. It asks the Government to provide updated statistical information on the pension levels for men and women.

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.

Articles 2 and 3 of the Convention. National equality policy. The Committee previously noted the various measures implemented in the framework of the Action Plan on Labour Market Discrimination for 2014–2018, in particular in collaboration with social partners, in order to tackle discrimination in employment. It requested the Government to provide information on any evaluation made on the impact of such measures in promoting equality and addressing discrimination on the grounds set out in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement, in its report, that a new Action Plan on Labour Market Discrimination for 2018–2021 is currently being implemented, building on the previous action plan. The Government indicates that: (1) the measures previously referred to are still being implemented, such as the Diversity Charter which has now been signed by 180 public and private companies; and (2) several other measures are ongoing, such as the extension of the supervision carried out by the labour inspectorate to make sure that sufficient safeguards are in place at company level to set-up a discrimination-free recruitment and selection policy. The Committee welcomes this information. Noting the Government’s statement that the results of such measures will be discussed later, the Committee notes with regret the repeated lack of information provided by the Government on the impact of the measures implemented to promote equality and address discrimination in the labour market. It further notes that, in their observations, the FNV, the CNV and the VCP support the extension of the supervision powers of the labour inspectorate which is, in their view, necessary to combat discrimination during job interviews where much of discrimination takes place, but highlight that additional measures are needed to ensure enough capacity for labour inspectors to make sure that the rules are strictly enforced and to monitor complaints on discrimination. The Committee urges the Government to provide information on the impact of the different measures implemented to promote equality of opportunity and treatment and address discrimination in employment and occupation on all the grounds covered by the Convention, in particular in recruitment and selection processes, including in the framework of the Action Plan on Labour Market Discrimination for 2018–2021. Noting that the action plan will end in 2021, it asks the Government to provide information on any new action plan or policy elaborated as a follow-up, in particular in collaboration with the social partners.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. The Committee previously noted the high unemployment rates among “non-Western” persons with a migration background (persons of whom both parents were born outside the Netherlands) and the need to address discrimination against certain ethnic groups, particularly those of Moroccan and Turkish origin, with respect to access to the labour market. Referring to its previous comments concerning the generic measures taken by the Government to address discrimination, in particular in the framework of the Action Plan on Labour Discrimination, the Committee notes the Government’s statement that the main goal of the “Further integration into the labour market” programme is to evaluate the effectiveness of the various measures, instruments and policies implemented to address discrimination and improve the labour market position of all non-Western persons with a migration background, including men and women of Moroccan and Turkish origin. The Government adds that the results of the evaluation are expected in 2020–2021. The Committee further notes the Government’s indication that the position of people with a non-Western migration background improved both in education and employment. In that regard, it notes, from the statistical information forwarded by the Government, that their net employment rate increased from 57.5 per cent in 2017 to 60.5 per cent in 2018. The Committee welcomes this information. It however regrets the repeated lack of information provided by the Government on: (1) the specific measures taken to address discrimination on the basis of race, colour and national extraction against non-Western minorities; as well as (2) the assessment of the impact of the measures already implemented. In that regard, it notes that, in their observations, the FNV, the CNV and the VCP highlight the persistent discrimination of people with a non-Western migration background in education and access to employment, referring to cases where temporary work agencies accept discriminative requests from hiring companies that explicitly ask for people that do not have a migration background. The trade unions add that it is complex to assess to which extent such practices exist because of the difficulty of collecting relevant statistical information. The Committee further notes that, in its 2019 concluding observations, the Human Rights Committee expressed specific concerns about the fact that persons belonging to ethnic minority groups continue to face discrimination in the labour market (CCPR/C/NLD/CO/5, 22 August 2019, paragraph 15). It further notes that, in its 2020 report, the United Nations (UN) Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance expressed specific concern about: (1) the unemployment rate of persons with a migration background which remains two and a half times higher than that of other Netherlanders, with individuals considered to be of a second-generation non-Western migration background generally facing an even higher unemployment rate, despite superior educational qualifications; (2) the higher percentage of individuals belonging to ethnic minorities who hold a “marginal” job (defined as jobs requiring a commitment of fewer than 20 hours/week) compared with native Netherlanders; and (3) the less favourable position of ethnic minorities, in particular those of Moroccan and Turkish origin, who are particularly disadvantaged in terms of earnings. The Special Rapporteur highlighted that ethnic minorities face discrimination both during hiring and afterwards, once they are in the workplace, as well as in education. Approximately 30 per cent of second-generation Turkish and Moroccan students dropped out of school in 2016 (A/HRC/44/57/Add.2, 2 July 2020, paragraphs 69 to 75). It further notes that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) expressed similar concerns highlighting that employment gap of these groups is not narrowing, in part due to discrimination. In that regard, it notes that ECRI recommended that authorities insert indicators and measurable targets to reach for all objectives and measures of the Action Plan against Labour Market Discrimination, while continuing to focus on access to the labour market, ensure that non-discriminatory recruitment procedures are developed and implemented, and extend the competences of the labour inspectorates to the field of recruitment (CRI(2019)19, 4 June 2019, page 10 and paragraphs 74 and 77). The Committee therefore urges the Government to strengthen its efforts to effectively address discrimination and ensure equality of opportunity and treatment in education, employment and occupation for non-Western persons with a migration background, including those of Moroccan and Turkish origin. It asks the Government to provide information on the concrete measures implemented to that end, in particular in the framework of the Action Plan on Labour Discrimination, as well as on any assessment made on their impact, including by providing the results of the evaluation which are expected in 2020–2021. The Committee further asks the Government to provide information on any cases of discrimination against non-Western persons with a migration background dealt with by labour inspectors, the Netherlands Institute for Human Rights or the courts, as well as the sanctions imposed and remedies provided.

Migrant workers. The Committee notes that, in their additional observations, the FNV and the CNV express deep concern about the high number of migrant workers in agriculture, food, transport and other sectors who are particularly exposed to unsafe working conditions as a result of the COVID-19 pandemic, as they often live and work together. The trade unions further highlight that health and safety measures for migrant workers on worksites, in housing facilities or in transportation to or from work are not enforced, as they work and live without being able to respect social distancing, without hygiene precautions, and are pressed to work even with COVID-19 symptoms. This resulted in a large number of workers being infected. Furthermore, even if there is sufficient equipment, which is generally not the case, migrant workers often do not have the time to wash hands and keep materials and machines clean as a result of their workload. Referring to its 2019 direct request on the Migration for Employment Convention (Revised), 1949 (No. 97), the Committee further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concerns at the growing number of migrant workers, particularly from Poland and Hungary, who are coerced by employment agencies to work under exploitative conditions (CCPR/C/NLD/CO/5, 22 August 2019, paragraph 26). The Committee urges the Government to take proactive measures to promote equality of opportunity and treatment for migrant men and women in employment and occupation, in particular by combating exploitation of migrant workers and ensuring safe working conditions. It asks the Government to provide information on any measures and programmes implemented to that end, in particular in order to strengthen labour inspections in sectors employing a large number of migrants, as well as on their impact. Finally, the Committee asks the Government to provide information on the number and nature of cases of discrimination against migrant workers detected by or reported to labour inspectors, the Netherlands Institute for Human Rights or the courts, as well as the sanctions imposed and remedies provided.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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

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 1(1)(a) of the Convention. Discrimination based on social origin. The Committee recalls that social origin does not figure among the prohibited grounds of discrimination set out in the Equal Treatment Act, but that the Government considers that this ground is covered by article 1 of the Constitution prohibiting discrimination “on any grounds whatsoever”. It previously noted the FNV’s and CNV’s observations concerning the urgency of including “social origin” in the list of prohibited grounds of the equal treatment legislation, urging the Government to work with the Netherlands Institute of Human Rights (hereinafter “the Institute”) on this issue. The Committee notes the Government’s repeated statement, in its report, that it has no intention of including the ground of “social origin” in its national legislation since it considers it to be sufficiently covered by indirect discrimination based on one of the other grounds of discrimination such as race, nationality, religion or personal convictions, gender or civil status, covered by the Equal Treatment Act. The Government adds that as a result of an evaluation carried out in 2017 on the Equal Treatment Act, the Institute did not conclude that the Act was too narrow. The Committee takes note of this information. However, it observes that the Government did not provide information on (1) any case of discrimination on the ground of “social origin” dealt with by competent authorities, or (2) any decision interpreting article 1 of the Constitution as including discrimination on the ground of “social origin”. In order for the Committee to be in a position to assess the extent of the protection provided for by article 1 of the Constitution, the Committee again asks the Government to provide information on any administrative or judicial decisions interpreting such provision, in particular with regard to discrimination on the ground of social origin, as well as on any awareness-raising activities undertaken in that regard, in collaboration with workers, employers and their respective organizations. It further asks the Government to provide information on the number, nature and outcome of any cases of discrimination on the ground of social origin, including in connection with other grounds, dealt with by labour inspectors, the Netherlands Institute of Human Rights, the courts or any other competent authorities. Finally, the Committee asks the Government to provide information on any measures taken or envisaged in collaboration with the social partners, to prohibit expressly direct and indirect discrimination on the ground of social origin in its national legislation.

Discrimination based on sex. Pregnancy and maternity. The Committee notes the Government’s statement that a “Baby and Job” online campaign was launched to raise awareness about pregnancy discrimination against women between 20 and 36 years of age, as well as available remedies in case of pregnancy discrimination. It further takes note of the adoption of an Action Plan on Pregnancy Discrimination in 2017. The Committee however notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration (Beijing+25 national report), that pregnancy discrimination remains a common obstacle to women’s participation in employment. In 2017, the Institute received 1,470 complaints or enquiries related to pregnancy discrimination, as well as 52 “requests for a ruling” in cases of alleged pregnancy discrimination. Of the 432 requests for a ruling actually investigated and adjudicated by the Institute during the year 2017, 51 involved alleged pregnancy discrimination (page 53). In that regard, the Committee notes that the FNV, the CNV and the VCP highlight that the focus of the Government’s policies for combating pregnancy discrimination should be broader as it is estimated that 52 per cent of pregnant workers are still facing some form of pregnancy discrimination. Recalling that distinctions in employment and occupation based on pregnancy or maternity are discriminatory as they can by definition only affect women, the Committee asks the Government to provide information on the proactive measures taken to ensure that women are effectively protected against pregnancy or maternity discrimination in practice. It asks the Government to continue to provide information on any awareness-raising activities of the rights of women workers linked to pregnancy and maternity implemented, targeting more particularly workers, employers and their respective organizations. The Committee further asks the Government to provide information on the number of cases of pregnancy or maternity discrimination in employment and occupation detected by or reported to labour inspectors, the Netherlands Institute for Human Rights or the courts, as well as the sanctions imposed and remedies provided.

Sexual harassment. The Committee recalls that the Labour Conditions Act refers only to sexual harassment in the context of the definition of “employment-related psychological pressure” and the obligation of the employer to adopt a policy in this regard (sections 1(3)(e)) and 3(2)). It previously noted the measures taken to raise awareness of and monitor sexual harassment at the workplace. The Committee notes the reference made by the Government to several activities undertaken for promoting a safe working culture and tackling undesirable behaviours, including sexual harassment. The Government adds that the action programme “Violence does not belong at home” also examined the role that employers can play in identifying domestic violence early and engaging in discussions about it. The Committee takes note of this information. It notes, however, the lack of information provided by the Government on the manner in which such activities specifically address both hostile environment and quid pro quo sexual harassment in the private and public sectors. Recalling that sexual harassment is a serious form of sex discrimination, the Committee notes that the FNV, the CNV and the VCP indicate that a research they carried out shows that 50 per cent of workers have experienced some form of sexual harassment at work, with women being mostly victims of the most serious forms of sexual harassment, such as unwanted touching. The research also shows that 20 per cent of workers were not familiar with the employer’s policy on sexual harassment. The Committee further notes that, in the trade unions’ view, the role of employers with respect to domestic violence is essential, as victims of domestic violence are often harassed at work, and social partners also have a role to play in that regard. With regard to its previous request, the Committee notes the Government’s reply that, the labour inspectorate has no active projects in the agricultural and green sectors and the cleaning and intermediaries sector, but that it did inspect signals from the agricultural and green sectors for undesirable behaviours and work pressure. It further notes the Government’s indication that no inspection has been carried out specifically on sexual harassment but that on average the labour inspectors received between five and ten reports alleging sexual harassment per year. If such a report arrives, the responsible employer is eligible for an active policy inspection. The Committee notes that, in its 2019 concluding observations, the United Nations Human Rights Committee expressed concern at the absence of comprehensive data collection relating to violence against women (CCPR/C/NLD/CO/5, 22 August 2019, paragraph 32). Recalling that the Convention covers both quid pro quo and hostile environment sexual harassment, the Committee again asks the Government to provide information on the specific measures taken to effectively prevent and combat all forms of sexual harassment at work, including by raising awareness of workers, employers and their respective organizations. It also asks the Government to provide information on the impact of the measures undertaken to that end, both in the public and private sectors. Finally, the Committee asks the Government to provide information on the number of complaints or cases of sexual harassment at work dealt with by labour inspectors, the Netherlands Institute for Human Rights or the courts, as well as the sanctions imposed and remedies provided.

Article 1(2). Inherent requirements of the job. The Committee recalls that section 5(2)(a) to (c) of the Equal Treatment Act allows institutions founded on religious, ideological or political principles, as well as private educational establishments, to impose requirements which, having regard to the purpose of the institution, are necessary for the fulfilment of the duty attached to the post, provided that such requirements do not lead to discrimination on the sole grounds of political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status. It previously noted that section 5(2), as amended in 2015, now requires that the organization or institution demonstrate that any occupational requirement is genuine, legitimate and justified, having regard to the organization’s ethos, and requested the Government to provide information on the application of these provisions in practice. The Committee notes the Government’s indication that no request had been received yet for an opinion on this section. The Government adds that no judicial decision has been made on the basis of these provisions. The Committee again asks the Government to take the necessary measures to ensure that exceptions to the application of the prohibition of discrimination for religion or ideology-based institutions under section 5(2)(a) of the Equal Treatment Act do not lead, in practice, to direct or indirect discrimination based on religion, political opinion or sexual orientation, and to provide information on any cases addressed by the competent authorities involving section 5(2)(a) to (c).

Articles 2 and 3. Equality of opportunity and treatment of men and women. In reply to its previous comments, where it noted the persistent prevalence of stereotypes on the roles of men and women in the family and the labour market, the Committee notes the Government’s general indication that several measures are being implemented to address gender stereotypes in education and the labour market and enhance a better conciliation of work, care and learning, in particular in the framework of the “Work and the Future” partnership. The Government adds that several measures have been taken to encourage women’s participation in employment such as (1) the extension of the duration of the paternity leave and the parental leave; and (2) awareness-raising campaigns to enhance a better conciliation between work and family responsibilities, such as the “Work and Care” campaign launched in 2019 to encourage employers, workers and their respective organizations to discuss ways to achieve a good balance between work and family responsibilities. The Committee notes, from the statistical information submitted by the Government, that the net employment rate for women increased from 51.2 per cent in 2017 to 54.5 per cent in 2018. It however notes that, in 2018, only 29 per cent of women had a full-time job. Noting the Government’s indication that the average weekly working time of women progressed slowly from 27 hours in 2015 to 28 hours in 2017, compared to 39 hours for men, the Committee notes that, in their supplementary observations, the FNV and the CNV point out that, as a result of the COVID-19 pandemic, the number of hours worked by women declined more rapidly than the number of hours worked by men; a situation which had a negative impact on the labour market position of women. In that regard, the Committee notes the Government’s indication that 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 to working more or fewer hours, in order to develop relevant policy packages. As regards women’s representation in management positions, the Government states that the rate 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 Committee further notes, from the statistical information provided by the Government, that segregation of the labour market persists with women being under-represented in technical professions, while men are under-represented in healthcare. The Government indicates that market segregation is mainly due to education choices but that progress has been made as, in 2017, women represented 36.2 per cent of first-year students in mathematics, physics, information and technology (compared to 26.5 per cent in 2007) and 19.3 per cent of persons involved in technical training and vocational education (compared to 14.5 per cent in 2007). The Committee welcomes this information. It however notes that, in their observations, the FNV, the CNV and the VCP, while welcoming the efforts made by the Government to address gender stereotypes, consider that a set of comprehensive actions is needed to effectively achieve a more equal position for women in the labour market, as they are still overrepresented in the education, health care, childcare, cleaning and retail sectors. The Committee asks the Government to continue to provide information on the measures taken to effectively promote gender equality in education, employment and occupation, including by: (i) addressing gender stereotypes and occupational segregation; (ii) increasing the participation of women in decision-making positions; and (iii) enhancing opportunities for women working part time to work longer hours or engage in full-time employment, if they so wish. It asks the Government to provide information on any assessment made of the impact of such measures, as well as on any obstacles identified for women to work longer hours or full time, in particular as a result of the planned Interdepartmental Policy Study on part-time work. The Committee further asks the Government to provide statistical information on the distribution of men and women in full-time and part-time employment, disaggregated by economic sector and occupation.

Equality of opportunity and treatment of persons of African descent. Referring to its previous comments where it noted that discrimination against people of African descent in the area of access to employment remains a concern and that women of African descent suffer multiple forms of discrimination based on racial or ethnic origin, colour, socio-economic status, gender, religion and other status, the Committee notes the Government’s indication that no specific policy or measures have been developed for people of African descent who benefit from the actions implemented, in the framework of the Action Plan on Labour Market Discrimination, for all people with non-Western migration background. Referring to its observation made on the application of the Convention, the Committee asks the Government to provide information on the impact of the measures taken in the framework of the Action Plan on Labour Market Discrimination with respect to the elimination of discrimination and the promotion of equality of opportunity and treatment in employment and occupation of persons of African descent. It further asks the Government to provide information on any case of discrimination in employment and occupation against persons of African descent dealt with by the competent authorities.

Enforcement. The Committee previously noted that a special labour discrimination team had been established in the labour inspectorate in January 2015 to investigate whether policies are in place for the prevention of discrimination in the workplace. It notes the Government’s indication that, in 2018, this team visited 450 companies and in 70 to 80 per cent of cases requested the company to adopt a policy or to make some adjustments. The Government adds that in most cases, companies followed the recommendations made and an administrative fine was imposed only in one case. As regards the measures to address gaps in the functioning of the Anti-Discrimination Services (ADVs) as a result of the two studies carried out in the framework of the Action Plan on Labour Market Discrimination, the Committee notes the Government’s statement that three possible solutions have been identified, namely to: (1) enhance better cooperation between the ADVs and the local authorities; (2) strengthen the monitoring of the municipalities on whether they meet the requirements provided for under the Law establishing the system of ADVs; and (3) encourage smaller municipalities to formulate an anti-discrimination policy. The Government further indicates that meetings are being held with relevant stakeholders in that regard. The Committee notes, from the statistical information provided by the Government, that in 2018, the ADVs registered 4,320 notifications and the Front Office of the Institute received 3,168 notifications and requests on equal treatment. Furthermore, in 2018, the Institute received 510 requests for opinions on discrimination mainly on the grounds of sex and race and issued 149 opinions in almost half of which it concluded that there was an infringement of the legislation. The Committee notes that, in their additional observations, the FNV and the CNV point out the persistence of discrimination in the labour market. The Committee asks the Government to continue to provide information on the activities of the labour discrimination team of the labour inspectorate, particularly with regard to measures to prevent and address discrimination in the workplace, as well as on the number, nature and outcome of cases of discrimination in employment and occupation dealt with by labour inspectors, the Netherlands Institute for Human Rights, the courts or any other competent authorities. It further asks the Government to provide information on the measures implemented by the Government to improve the functioning of ADVs following the consultations held with different stakeholders.

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 Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV), as well as on the basis of the information at its disposal in 2019.

The Committee further notes the observations and the statistical information submitted by the FNV, the CNV and the Trade Union Federation for Professionals (VCP) which were received on 18 August 2019 as well as the observations submitted with the Governments’ report in 2019.

Articles 1–3 of the Convention. Implementation of an active employment policy. The Committee had previously requested the Government to provide information, including statistics on active employment measures adopted and implemented with the participation of the social partners, and their impact in promoting full, productive and sustainable employment. The Committee notes the statistical information provided by the Government concerning the labour market for the period before the COVID-19 outbreak. The Committee notes that in its supplementary report, the Government indicates that the pandemic has hit the labour market hardly. The unemployment rate has increased to 4.5 per cent in July 2020 (419,000 unemployed). Furthermore, the first quarter of 2020 showed a decline of 2.1 per cent in working hours and the first estimates show a historical drop in the GDP of 8.2 per cent in the second quarter of 2020. The Government also provides information concerning the package of measures adopted in consultation with the social partners to contain the economic impact of the outbreak, support enterprises and save jobs. The Committee notes in this regard that the FNV and the CNV welcome the measures taken by the Government to prevent that the COVID-19 pandemic results in an unprecedented increase in bankruptcy and unemployment. The Committee notes that the Government refers in particular to the Temporary Emergency Measure for the Preservation of Jobs (NOW) which provides for a scheme enabling enterprises that expect to lose at least 20 per cent of their turnover to get a subsidy for 90 per cent of wage costs. The Government indicates that 140.000 firms benefitted with subsidies up to €10 billion covering 2.7 million employees with the first version of the NOW while NOW 2, has benefited 63.000 additional firms and 1.3 million employees. Furthermore, in the framework of NOW2, employers are obliged in the framework of the “Netherlands continues to learn” subsidy scheme to help employees to find another job through counselling, training or reskilling efforts. The objective is to facilitate mobility to those sectors where demand for work is higher, such as health care and logistics. The Government has now introduced a phasing out scheme starting in October 2020 where the eligibility requirement for enterprises has risen to a 30 per cent decrease in turnover. A new package (NOW 3) will run until 2021 based on three pillars: support, help adapting to new circumstances and investment. The “Netherlands continues to learn” scheme will also be extended. The Government also refers to the TOZO scheme for self- employed workers and to the TOGS scheme for enterprises in some specific sectors. The TOGS, which is a one-time reimbursement of €4,000, was replaced by the reimbursement of fixed costs for SMEs addressed particularly to enterprises in the sectors of catering, recreation events, fairs and culture. Enterprises receive a tax-free compensation of up to EUR 50,000 to cover their fixed expenses. The Committee highlights the importance of these measures aimed at stabilizing livelihoods and income and restoring an enabling environment for enterprises. The Committee welcomes the fact that these measures have been the object of close collaboration and consultation with the social partners. The Committee requests the Government to continue to provide information on the impact of these measures on the labour market, the challenges and obstacles encountered and the measures taken to address them. The Government is requested to include statistical information on the number and size of enterprises that benefited from these measures (including the number of jobs maintained), as well as statistics on labour market participation, unemployment and underemployment disaggregated by sex and age. Please indicate if these measures were applicable throughout the territory, including the special municipalities of Bonaire, St. Eustatius and Saba.

Employment contracts and new legislation. The Committee further notes that according to the Government’s report, the labour market in the Netherlands is characterized by the high number of people working part-time. In 2018, 48 per cent of the workforce chose to work part-time:75 per cent of women work part time, whereas 75 per cent of men work more than 35 hours per week. The Government also refers to the TOFA, that is a temporary bridging measure for workers in flexible contracts that have been laid off after 1 March with a substantial loss of income. It consisted of a one-off gross payment of €1,650 for the months of March, April and May 2020. The Committee notes however that according to the FNV and the CNV observations those workers with flexible contracts (temporary agency workers and workers with fixed term contracts) have been disadvantaged as they have lost their jobs and their subsidies or insurances have come to an end. The Committee notes in this regard the adoption of the Balance Employment Market Act (Wet Arbedismarkt in Balans) which came into force on 1 January 2020.The law introduces a series of changes to the labour market. In order to foster fixed term contracts over flexible contracts, the law establishes that employers will have to pay a lower unemployment benefit contribution for employees with fixed-term contracts. Furthermore, on-call employees who have worked for an employer for more than 12 months have the right to have a contract with fixed hours. The Committee notes that the employer is obliged to make the worker an offer, in writing or electronically, or a fixed amount of working hours equal to the average number of hours the on-call worker had worked during the previous 12 months. The Act also provides that temporary agency workers (designed as “payroll employees”) are entitled to the same conditions of work with respect to wages, working hours, breaks, overtime, holidays that the user enterprise provides to their direct employees. Furthermore, the Act provides that as of 1 January 2020, a transition payment is mandatory whenever you terminate or fail to renew a temporary contract. The Committee requests the Government to provide information on the implementation in practice of the Balance Employment Market Act (Wet Arbedismarkt in Balans), particularly in the context of the COVID-19 pandemic and to continue to provide statistical information on the types of contract (permanent, fixed term, temporary, full-time or part-time) prevalent in the labour market.

Groups more vulnerable to exclusion from the labour market. Older workers. The Committee notes that in reply to its previous comments, the Government indicates that it has continued to dedicate extra funds to strengthen the position in the labour market of those aged 50 and over. In 2016, the 50-plus Works Action Plan was adopted which includes, but is not limited to, a national promotional campaign aimed at employers, experimental pilot measures to increase the amount of jobs available for workers aged 50 or more, as well as funding for advisory meetings on development persons aged over 45. The Government also offers multiple financial incentives for employers to stimulate the hiring of long term unemployed. For example, employers hiring unemployed older workers (aged 56 and above) receive a bonus (“loonkostenvoordeel”; LKV) of up to €6,000. The Government also (temporarily) offers a no-risk policy to employers, taking on the risk of illness for older workers above 56. The age limit of this no risk insurance has been reduced from 63 to 56 years. These measures aimed at empowering older jobseekers, would be evaluated in the beginning of 2020. At the end of March 2019, 307.000 people were unemployed and 268.000 of them received unemployment benefits, that is 18.2 per cent less than in the previous year. The number of unemployment benefits for people between the age of 45 to 55 and between the age of 55 and up declined relatively faster, respectively 24 per cent and 18.8 per cent less than in the previous years. The Government further indicates that measures should be taken by the social partners to change the increasing wage profiles and the collective agreements that make older workers relatively more expensive. The Committee notes in this regard that the FNV and the CNV refers to the untapped labour market potential of older workers and that the rate of employment of older workers remains below the OECD average. The Committee requests the Government to provide detailed information on the situation, level and trends of employment of older workers particularly in the framework of the COVID-19 pandemic, including information on the impact of the measures adopted to stimulate the labour market and to increase opportunities for decent work for older female and male workers. The Government is requested to provide information on the evaluation of the measures aimed at improving the labour market participation of older workers, planned for 2020.

Youth and ethnic minorities. The Committee had previously requested the Government to provide information on the impact of labour market measures implemented to meet the employment needs of young women and men, particularly those with a migration background as well as on the employment situation of ethnic minorities. The Committee notes that the Government only refers in its 2019 report to the entry into force of the Participation Act applicable to all workers with disabilities that enjoy working capacity which replaces the Young Persons with Disabilities Act (Wajong). The Young Persons with Disabilities Act (Wajong) will only be applicable to those workers without working capacity. In order to foster labour market participation of workers with disabilities, the Participation Act provides that workers which resume work will continue to perceive the disability benefit provided for in the Wajong for an additional period of five years. The Committee takes note however, that in their observations the FNV, the CNV and the VCP refer to the need to ensure an inclusive labour market for young people and ethnic minorities. The FNV, the CNV and the VCP further highlight that migrant workers are facing a very difficult situation due to the pandemic. They live and work in unsafe conditions and are unable to keep social distancing or access personal protection equipment or facilities. Most labour migrants in the Netherlands work in vital sectors such as food supply, distribution, meat and poultry processing, construction, agriculture and logistics. The workload in these sectors is immense and regulations related to social distancing and hygiene precautions are often not enforced at workplaces. The Committee requests the Government to provide information on the measures taken to ensure that the diverse policies and actions taken by the Government to contain the negative impact of the pandemic and improve the labour market situation, also benefits those groups and individuals that have more difficulties to enter and stay in the labour market and which may have been made particularly vulnerable by the outbreak, in particular, young persons, persons belonging to ethnic minorities, persons with disabilities and migrant workers.

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), particularly with regard to measures taken to tackle the impacts of the COVID-19 pandemic. 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.

The Committee notes the joint 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 28 August 2018. The Committee invites the Government to provide its comments in this respect.

COVID-19 pandemic and policies and programmes of vocational guidance and training closely linked to employment. The Committee notes with interest the supplementary information provided by the Government concerning the range of measures taken to save jobs and the economy in light of the pandemic. In particular, it notes the NOW scheme introduced in response to the COVID-19 crisis, which introduced a 90 per cent subsidy for eligible employers (those experiencing a minimum 20 per cent decrease in turnover) to pay their employees’ wages. Under the NOW scheme, employers are also required to help their employees find another position through retraining and upskilling. This has been facilitated by the “Netherlands continues to learn” subsidy package supplementing the regular lifelong learning programme. Its objective is to mitigate the effects of the crisis by supporting people to find alternative employment. This temporary crisis package of €50 million supports mobility in the labour market, strengthening awareness of the importance of lifelong learning and providing career development advice and online education free of charge. The package was launched on 1 August 2020 with the support of social partners, economic sectors, regional partnerships and self- employed workers. The Government adds that it will also allocate an additional social package of €1 billion for retraining and upgrading existing skills and provide additional support to citizens in vulnerable situations. In their joint observation, the FNV and the CNV refer to the challenge of combining training and family responsibilities as an important obstacle to skills development. The FNV and CNV consider that the supplementary package with regard to “Netherlands keeps on learning “is pertinent but insufficient to achieve its objective of preventing unemployment and preventing job loss. The Committee requests the Government to provide detailed information, including statistics disaggregated by age and sex, on the impact of the “Netherlands continues to learn” package to prevent unemployment and enable all persons to develop and use their capabilities for work in their own best interest and in accordance with their own aspirations, as contemplated in Article 5 of the Convention. The Government is requested to provide information on relevant developments in terms of promoting, lifelong learning and skills development in the context of the COVID-19 pandemic.

Articles 1–5 of the Convention. Formulation and implementation of education and training policies and cooperation with the social partners. In response to the Committee’s previous comment requesting information on activities undertaken in relation to the development of comprehensive and coordinated policies and programmes of vocational guidance and training, the Government refers to an amendment to the 2015 Education and Vocational Training Act. The amended Act focuses on increasing the macro-efficiency of upper secondary vocational training institutes and establishes a 70 per cent employment target for graduates within the first year after graduation. Additionally, according to a 2016 report by the European Centre for the Development of Vocational Training (CEDEFOP), the macro-effectivity policy for upper-secondary vocational education and training (VET) seeks to eliminate overlaps in the regional provision of VET and avoid competition between providers. The objective of the policy is to arrive at an optimal offer of qualifications at national and regional levels to meet labour market needs effectively and efficiently. The report notes that, in 2016, a review of the qualifications framework resulted in a 25 per cent reduction in the number of possible qualifications, on the basis that this reduction would make it easier for students to select a programme, while increasing the efficiency of VET institutes. The Government further reports that, in 2016, the Ministry of Education launched a programme to improve: the quality of vocational guidance; the coordination of transitions from school to work; and the dissemination of VET information. In their observations, the workers’ organizations maintain that the Government is moving away from lifelong learning programmes, leaving workers’ organizations with the burden of providing such training for workers. They also refer to the 2017 OECD Skills Strategy Diagnostic Report, challenge 9, which states that all stakeholders in the Netherlands should broaden their skills policy dialogue in order to meet the needs of an increasingly diverse society, engaging with groups that are underperforming in the development, activation and use of skills. Additionally, the workers’ organizations observe that the amended Act on Adult and Vocational Education has resulted in local governments outsourcing training to the private sector, as they are no longer required to use regional VET training centres. The workers’ organizations maintain that, therefore, national public quality assurance for training in basic skills no longer exists. They add that, in 2014, a new subsidy scheme replaced the Wage Tax Relief Act, allowing employers to pay lower taxes for employees engaged in vocational training. In response to the Committee’s previous comment concerning the 2012 Agreement on Accreditation of Prior Learning (APL), the Government reports that, in collaboration with the Labour Foundation, a new agreement was developed for the 2016–21 period. The APL consists of a labour market route and an education route. The labour market route caters to individuals who want to validate their knowledge and skills to help them find different employment opportunities. The education route is for individuals to validate their knowledge and skills in order to obtain a diploma in formal education by way of a shortened pathway. The Government reports that the social partners are working together to optimize the links between the labour market and educational routes. The Committee further notes the joint observations made by the FNV, CNV and VCP indicating that, in 2016, the Government no longer supported the labour market route which leads to training that does not support the needs of working people. The Committee also notes the workers’ representatives mention of challenge 6 of the OECD Skills Strategy Diagnostic Report indicating that the Government should consider introducing stronger and more targeted public investment to boost participation in the APL. The Committee requests the Government to provide a copy of the 2015 Education and Vocational Training Act, as well as information on progress made in achieving the 70 per cent target envisaged in the Act. The Committee further requests the Government to provide detailed information, including statistical information disaggregated by sex and age, on the impact of the labour and education routes of the APL, particularly with regard to the benefits of the training offered, such as licensing and enhanced qualifications for those in the education route and enhanced job prospects and job retention for participants in the labour route. The Committee also invites the Government to provide updated information on measures implemented to promote access to vocational education, guidance and lifelong learning on lasting employment for specific groups, particularly women, young persons and the long-term unemployed (Article 4 of the Convention). Additionally, the Committee requests the Government to continue to provide information on the manner in which the cooperation of employers’ and workers’ organizations is ensured in the formulation and implementation of vocational training policies and programmes.

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 148 (air pollution, noise and vibration) and 170 (chemicals) together.

The Committee notes the Government’s first reports submitted concerning these Conventions and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee 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) concerning Convention No. 139 and Convention No. 170, received in 2019, as well as the observations of the FNV and CNV on the application of Convention No. 148, received on 24 September 2020 and also submitted with the Government’s report.

Occupational Cancer Convention, 1974 (No. 139)

Articles 2 and 6(a) of the Convention. Replacement of carcinogenic substances and agents and consultations on measures to give effect to the Convention. The Committee notes that section 4.17 of the Working Conditions Decree of 1997 (as amended) gives legislative effect to the provisions of this Article by providing for the replacement of carcinogenic or mutagenic substances and processes with a view to minimizing the exposure of workers. The Committee notes however that the FNV, CNV and VCP state that there is a lack of discussion on substitution and that the substitution of carcinogenic substances should be discussed in the Social Economic Council (SER) before determining limit values. The Committee requests the Government to provide its comments in this respect, indicating the measures taken in practice to ensure that carcinogenic substances are replaced by non-carcinogenic substances or agents, or by less harmful substances or agents.

Article 3. Establishment of an appropriate system of records. The Committee notes that section 4.15 of the Working Conditions Decree requires employers to keep a list of employees who are or may be exposed to carcinogenic substances. The Committee notes however that the FNV, CNV and VCP state that proper registration systems in companies where workers are exposed to carcinogens are seldom used or available. The Committee requests the Government to provide its comments in this respect. It requests the Government to indicate the measures taken in practice by the labour inspectorate to identify companies where workers are exposed to carcinogenic substances and to ensure that these companies have established an appropriate system of records, as well as to indicate any consultations undertaken with the most representative organizations of employers and workers concerned.

Article 4. Workers provided with all the available information on the dangers involved from exposure. The Committee notes that section 8 of the Working Conditions Act of 1999 (as amended) and section 4.10d of the Working Conditions Decree require an employer to ensure that employees are given appropriate information about their duties and the associated risks, and on the measures in place to prevent or limit these risks. The Committee notes however that the FNV, CNV and VCP indicate that there have been reports revealing that workers are not informed of the dangers involved with their exposure to carcinogens, for example workers exposed to chromium 6 over long periods of time. The FNV, CNV and VCP further indicate that the situation for flex-workers is even worse. The Committee requests the Government to provide its comments in this respect, and in particular on measures taken to ensure that workers, including flex-workers, exposed to carcinogens are provided with all the available information on the dangers involved and on the protective measures to be taken.

Article 5. Medical examinations after the period of employment. The Committee notes that section 4.10d of the Working Conditions Decree states that a worker should be informed about the opportunity to submit to an occupational medical examination after termination of the exposure. The Committee requests the Government to provide further information on measures taken to ensure that workers exposed to carcinogens are provided with medical examinations after the period of their employment.

Article 6(c). Provision of appropriate inspection services. The Committee notes that the FNV, CNV and VCP have expressed their concerns regarding the system of self-regulation of working conditions and the lack of labour inspections with regard to occupational diseases. The Committee also notes that the FNV, CNV and VCP indicate that there is no system in the Netherlands for employers to report occupational diseases to the labour inspectorate. Referring to its comments on Convention No. 155, the Committee requests the Government to provide information on measures taken to ensure that the labour inspectorate is aware of workplaces where workers may be exposed to carcinogens and that appropriate inspections take place to ensure that these workplaces comply with the provisions of the Convention.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. Protection against occupational hazards in the working environment. Air pollution. The Committee notes the provisions of the Working Conditions Act and Decree related to the protection against exposure to air pollution and dangerous substances. It also notes the statement of the FNV and CNV in its observations that while there are limit values established for many chemical substances, there are no specific health and safety regulations related to ultrafine particles. The Committee requests the Government to provide its observations in this respect.

Article 11(3) and (4). Continued assignment to work. The Committee requests the Government to provide information on the measures in place to ensure that where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, every effort is made to provide the worker concerned with suitable alternative employment or to maintain their income through social security measures or otherwise. The Committee also requests the Government to provide specific information on the provisions in place to ensure that the rights of workers under social security or social insurance legislation are not adversely affected.

Chemicals Convention, 1990 (No. 170)

Article 11 of the Convention. Transfer of chemicals. The Committee notes that section 4.10d of the Working Conditions Decree requires an employer to provide adequate information about the possible health and safety dangers associated with working with dangerous substances. The Committee requests the Government to indicate the measures taken to provide that employers ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

Application of the Convention in practice. The Committee notes that the FNV, CNV and VCP state that there is an imbalance between the regulatory framework which gives effect to the provisions of the Convention and the labour inspectorate which is responsible for ensuring that these provisions are applied in practice. The FNV, CNV and VCP state that with 8 million workers and only 260 labour inspectors, enforcement of the obligations contained in the Convention is not possible, in particular with reference to the exposure of workers to Chromium 6 and asbestos. The FNV, CNV and VCP also refer to a December 2017 study on how to deal with work-related health data and data on occupational side-effects to health risks indicating that: (i) important information about hazardous substances was not present in workplaces or was not shared by the persons responsible for safe working conditions; (ii) preventive instruments such as the risk assessments, the individual exposure registers and the Periodic Occupational Health Examination were often not used or not used adequately; and (iii) many companies lack a proper registration system for workers exposed to carcinogens. With reference to the comments under Convention No. 81, the Committee requests the Government to provide its comments in this respect, in particular indicating measures taken to ensure that the provisions of the Convention are applied in practice.

The Committee takes note of the supplementary information provided by the Government and the social partners 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, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions in the Netherlands (CNV) and the Trade Union federation for Professionals (VCP) joint to the Government’s report.

Persons with disabilities and COVID-19. The Committee notes that in its supplementary information the Government acknowledges that the pandemic has put persons with disabilities under further pressure. The Government is closely monitoring the situation and aims at using the emergency packages to mitigate as much as possible the negative impact of the pandemic on persons with disabilities. The Committee requests the Government to continue to provide information on the concrete impact of the pandemic on the employment situation of workers with disabilities and the diverse measures and benefits that were made available to them to cope with it.

Articles 2 and 4 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee had previously requested the Government to provide information on the impact of measures such as the Participation Act and the Occupational Disability Act to increase the employment levels of persons with disabilities and to reduce the gap in the employment rate between persons with disabilities and persons without disabilities. The Committee notes that the Government indicates in its report that with the implementation of the Participation Act, young persons with disabilities but with capacity to work who in the past would have been covered by the Young Disabled Act (Wajong) and thus under the authority of the Employee Insurance Agency (UWV) fall now under the authority of the municipal authorities. The Government further indicates that the Participation Act was accompanied by the Job Agreement between the government and the social partners for the creation every year of a specific number of jobs for persons with disabilities until 2026. In accordance with this agreement, employers in the public and private sector would create respectively 25,000 and 100,000 jobs for people with disabilities by 2026. If they do not meet this objective, the Government has the option of activating a legally binding quota. The Government further indicates that the procedure to implement the agreement has been simplified and the private and public sectors are now considered as one. The Committee notes that the effects of the Participation Act on the employment opportunities for persons with disabilities would be evaluated at the end of 2019, but that so far, the monitoring showed that since the implementation of the Participation Act the number of young persons with disabilities placed in employment had increased every year since 2015. The Government indicates that in order to foster the employment of persons with disabilities, since 2018, those that used to receive an unemployment benefit and resume employment, continue to receive their unemployment benefit for the first five years. The Committee notes, however, that the FNV, the CNV and the VCP argue that there is a high number of persons with disabilities that no longer fall under the Assistance Act for Young Persons with Disabilities (Wajong) but have not been provided with enough support from the municipalities. They are deprived from any benefit and unable to reintegrate the labour market. They also indicate that the modification of the system has translated the pressure from the private to the public sector. Furthermore, they indicate that employers have the possibility to buy off their obligation to create jobs for workers with disabilities. The Committee requests the Government to continue to provide information on the impact of the implementation of the Participation Act and the Job agreement in the creation of jobs for persons with disabilities, particularly in light of the observations of the FNV, the CNV and the VCP as well as on the results of the evaluation carried out in 2019 of the Participation Act. The Government is also requested to provide statistics disaggregated by age and sex on the number of persons with disabilities covered by the Act as well as on their rate of participation in the labour market.

Article 4. Positive measures. Participation Act. Assistance Act for Young Persons with Disabilities (Wajong). The Committee notes that in reply to its previous request the Government indicates that with the entry into force of the Participation Act, the Young Persons with Disability Act (Wajong) is no longer applicable to persons with work capacity. However, those existing Wajong recipients (before the introduction of the Participation Act) with employment opportunities and the young people with a disability who are permanently unable to work remain under the services of the UWV. The Government indicates that the UWV has been granted additional resources for the professionalization of labour experts and intensive services advisers. By the end of 2017, of the 245,800 persons that fell under the Wajong Act (Wajongers), 115,200 persons had the ability to work. By the end of 2017, 59,200 of these persons were effectively working; 1,400 more than a year earlier. The Government adds that the share of working Wajongers rose to 24.7 per cent of the total Wajong population at the end of 2017. The Committee notes that the FNV, the CNV and the VCP indicate, however, that the new rules should not lead to a deterioration of the income security of young persons with disabilities. The Committee requests the Government to continue to provide information on the implementation of the Young Persons with Disability Act (Wajong) including statistics concerning the number of young persons with disabilities covered and the number of these persons that are in employment, disaggregated by sex and age and nature of disability.

Article 7. Employment services for persons with disabilities. The Committee previously requested the Government to provide information on the impact of the new measures adopted to help young persons with disabilities in their reintegration into the labour market. The Government indicates that with the Participation Act the municipal authorities have new services at their disposal to offer to persons with disabilities in order to increase their employment opportunities. Besides the earlier mentioned jobs agreement which aims to stimulate employers to hire persons with disabilities, the municipal authorities offer structural labour costs subsidies (LKS), job coaches, and sheltered employment for those that are not able to work in a regular labour market setting. In this regard, the Government indicates that there has been a rise in the usage of services. By the end of 2018, almost 200,000 persons had received support (a rise of 23 per cent compared to before the introduction of the Participation Act in 2015). This rise can partly be explained by the fact that the usage of LKS has risen to almost 20,000 at the end of 2018. With respect to “Sheltered Employment” a similar pattern is observed. In September 2018, municipal authorities offered this service to slightly more than 2,000 persons. The Committee requests the Government to continue to provide information on the different measures taken by the Government and the municipalities in application of the Participation Act to improve the services provided to young persons with disabilities to help them in their reintegration to the labour market.

Education and training opportunities for persons with disabilities. The Government indicates that besides the new services provided in the framework of the Participation Act, municipal authorities can offer other services ranging from social activation, job interview training, and vocational training to adjust to the workspace, as well as provide other employability tools. To improve the monitoring information on the kind of services provided to the people under the municipal authorities, Statistics Netherlands (CBS) recently introduced a new directive to the municipalities (“SRG Richtlijn 2019”) which enables better distinction between educational and training services and other kinds of services. Over the next years, more information about the education and training opportunities should become available to persons with disabilities. The Government adds that in order to remove financial obstacles for people covered by the Wajong Act to follow education, it is preparing a modification to the Wajong Act. The goal is to avoid that the fear to lose the entitlement to benefits prevents people to access education. The Committee requests the Government to continue to provide information on any improvement made on the education and training opportunities for persons with disabilities with a view to increasing their levels of employment, including on the open labour market. The Government is also requested to provide statistics on the participation of persons with disabilities in education and vocational training.

Netherlands (ratification: 1999)

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. The Committee notes the joint 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 18 August 2019 as well as the observations submitted with the Government’s report and with the Government’s supplementary information.

Scope of the Convention. In its previous direct request, the Committee had referred to the situation of payroll workers (those that have an employment contract with a payroll company but work for another company-the hirer) and had invited the Government to provide a general appreciation on the manner in which the Convention is applied and to indicate the number of workers covered by the measures giving effect to the Convention. The Committee notes the entry into force on 1 January 2020 of the Balanced Labour Market Act (WAB) which contains provisions applicable to private employment agencies and payroll companies. The Committee notes that the WAB introduces a new specific definition for the “payroll agreement” where the payroll employer does not have an “allocation function” in the labour market and the worker is made available exclusively to one client (for example the hiring company). The Committee notes that the statutory regime that applies to temporary employment agencies will no longer be applicable to payroll employees. The WAB establishes that payroll employees will receive at least the same employment conditions and will have the same legal positions as employees who are employed by the hiring company. The law further provides that payroll employees will be entitled, as of 2021 to adequate pension schemes, which can take place in two manners: either they participate to the hirer’s pension scheme or the payroll company has its own pension scheme. The Committee also notes the adoption of the Collective labour agreement for temporary agency workers for the period 2019-2021 (ABU). The Committee also notes that the Collective labour agreement for temporary agency workers for the period 2019-2021 does not apply to private employment agencies that provide workers in the construction or infrastructure industry. Furthermore, the Committee understands that payroll employees will in principle no longer be covered by collective labour agreements for employment agencies (ABU) and the Netherlands Association of Intermediary Organisations and Private Employment Agencies (NBBU). However, they will be covered by the labour agreement and other labour conditions in force in the hirer company where the employee works. The Committee notes that in their observation, the FNV, the CNV and the VCP refer to the use of agency workers to cut costs and to the fact that agency workers are on temporary or zero hour contracts. They also indicate that temporary agents are often misinformed and are victims of abuse. The Federations further refer to high discrepancies in labour protection affecting temporary agency workers and to the unprecedented proliferation of temporary work agencies: 10000 new agencies have been created since 1998. The Committee requests the Government to provide further details concerning the implementation of the Balanced Labour Market Act (WAB) on both payroll companies and private employment agencies and the manner in which it affects the application of the Convention. The Committee requests the Government to indicate whether and how the issues highlighted by the FNV, the CNV and the VCP have been addressed by the WAB. The Committee also requests the Government to provide detailed information on the legal regime applicable to private employment agencies and to payroll companies. The Government is also requested to indicate if there are specific regulations (including collective labour agreements) for private employment agencies operating in specific economic sectors such as construction or the infrastructure industry and provide statistical information on the number of workers covered by the Convention. The Committee requests the Government to provide available information on the impact of the COVID-19 outbreak and the measures taken to mitigate them on the implementation of the WAB and on the operation of private employment agencies.

COVID-19 pandemic and measures taken to mitigate its negative impact. Temporary agency workers. The Committee notes the Government’s information concerning the adoption of the Temporary Bridging measure for Flex Workers (TOFA) that have been laid off after 1 March due to the COVID-19 outbreak, with a substantial loss of income (more than 50 per cent in April compared to February and who cannot claim other benefits). The Government indicates that the scheme consists of a one-off gross payment of 1,650 euro in total for the period March, April and May 2020. The Committee notes, however, that in their additional information, the Federations refer to the large number of workers with flexible contracts (temporary agency workers and workers with a fixed term contract) who have lost their jobs due to the COVID-19 crisis and that only enjoy a very limited duration of their unemployment insurance (WW). This means that for a large number of workers who lost their jobs during the first 2 months of the crisis, the insurance period (which is only three months for workers who do not have a long employment history) has already expired. Finding another job in the current crisis is difficult, if not impossible. The Federations have requested an extension period for these workers without success. The Committee also notes that in their additional information, the FNV, the CNV and the VCP indicate that temporary agencies are the main employers of migrant workers and that these categories of workers are facing a particularly difficult situation due to the COVID-19 outbreak with respect to social distancing and personal protective equipment (PPE) in housing and transportation. The Committee requests the Government to provide detailed information, including statistics, on the situation of temporary agency workers, including migrant workers, due to the COVID-19 crisis as well as on any additional support measures that would benefit them.

Article 6. Protection of personal data. The Government provides information concerning the activities carried out by the Data protection Agency which supervises compliance with the legal rules for the protection of personal data. The Agency also advises on new regulations and provides information about privacy legislation. It uses a large part of the capacity to investigate compliance with the law. The Agency selects annual themes on which to carry out these examinations. For example, the Data Protection Agency investigated two large temporary employment agencies and summoned them to end the violations of the legal rules for the protection of personal data. The Committee takes note of this information.

Articles 10 and 14. Supervision of the operation of private employment agencies. The Committee had previously requested the Government to provide extracts from reports of the inspection services, as well as updated information on the measures taken to eliminate fraudulent and illegal temporary work agencies. The Committee notes in this regard, that the FNV, the CNV and the VCP indicate that the unions are not sufficiently informed about ongoing procedures, infringements detected, and sanctions imposed. They highlight that inspection only focus on the payment of minimum wages and not on the labour conditions agreed in the collective agreements. Furthermore, they highlight that the inspection services are understaffed to carry out investigations based on any complaint concerning infringement of collective agreements or any legislation related to the posting of workers, mainly the Posting of Workers by Intermediaries Act (WAADI). The Committee notes that the Government refers to the report by an Interim Intervention Team to Tackle misconducts in temporary employment agencies. The Inspectorate (SZW), the Tax and Customs Administration and the Public prosecution service participated in this report. The Conclusions of the report refer to abuses by private employment agencies related mainly to the retention of wages and withholding of housing costs from the wage of migrant workers. The Government also provides a mid-term report on temporary employment agencies from the Labour Inspectorate (SZW). The Committee notes that, according to this report, there are approximately 12,000 companies registered with the Chamber of Commerce as temporary employment agencies. This concerns also lending agencies and payroll companies. The Inspectorate estimates that there are 43,000 companies operating in the temporary industry. However, according to the report, there are also numerous unregistered companies. The Government further indicates that extra resources have been allocated to the SZW to ensure enforcement. In this regard, €50 million per year will be made available until 2021 concerning fraudulent practices. The Government also refers to the Sham Constructions Act (WAS) adopted in 2015, which aims to contribute to creating a level playing field in the labour market, preventing unfair competition between companies, strengthening the legal position of employees and guaranteeing compensation for employees, in accordance with the legislation, collective agreements and individual employment contracts. The Government indicates that in application of the WAS, the SZW conducted 862 investigations in the period going from 1 January 2014 to 1 May 2018. The investigations concerned various sectors, such as construction, cleaning, hospitality, retail and the temporary employment sector. The Government further indicates that social partners may submit requests for investigations to the SZW concerning non-implementation of collective labour agreements in case of non-compliance. The Committee requests the Government to continue to provide information on the complaints filed against private employment agencies concerning issues related to the application of the Convention, the institutions dealing with these complaints and the sanctions imposed in case of infringement to the laws and regulations. The Government is also requested to provide information on the measures taken to ensure that private employment agencies employing migrant workers duly respect and apply labour law.

Article 13. Cooperation between the public authorities and private employment agencies. The Government refers to the intensive and longstanding cooperation between the public employment service (UWV) and private employment agencies in assisting jobseekers. In 2019, the UWV and the ABU signed a renewed joint venture agreement that both extends and updates the cooperation and commitments between both parties. The 2019 joint venture agreement focuses on an increase of the efforts on cooperation between UWV and ABU-members at the regional level. ABU and UWV are also looking to further enhance the sharing of knowledge and experience on labour-related public-private cooperation between UWV and ABU at national and European level. The joint venture will lead to further efforts to increase the visibility and interoperability of the various information sources related to unemployed persons. Lastly, the aim of UWV and ABU is to structurally share labour market information as well as expertise on the mediation between employers and jobseekers. The Committee invites the Government to continue to provide information on any measure taken to foster cooperation between the public employment service and private employment agencies. The Committee requests again the Government to provide information on the measures taken to ensure that the competent authority receives relevant information on the activities of the private employment agencies. The Government is also requested to provide information on any specific measure of cooperation taken to promote employment in the framework of the COVID-19 outbreak.

The Committee notes the joint 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 31 August 2017.

Article 1 of the Convention. Information on migration flaws, and laws and regulations relating to emigration and immigration. In its previous comment, the Committee had requested the Government to provide statistical information on migration flows. The Committee takes note of the information provided by the Government in its report indicating that in 2016, a total of 4,535 work permits had been issued to non-EU nationals and that the first countries of origins were India (1,559 permits), the United States (587 permits), and China (377 permits). The Committee further notes the indication from the Government that the current immigration policies favour the immigration of skilled migrant workers. In this regard, the Government indicates that the requirements for workers in start-up companies and graduate students to remain in the country to seek and pursue high skilled employment have been relaxed. In addition, according to the statistical data published by the Central Bureau of Statistics (CBS), the Committee notes that in 2017, 49.4 per cent of the jobs filled by foreign workers were occupied by EU citizens (of whom 43.5 per cent were Polish nationals), and that migrant workers were mainly employed in the sectors of business services and agriculture.

Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. The Committee previously noted the FNV’s comments that the free movement of service is increasing and should be better regulated, and requested the Government to provide information on the implementation of European Directive 96/71/EC on the posting of workers in the framework of the provision of services. The Committee notes that the Government indicates that the Minister of Social Affairs and Employment took the initiative, together with six ministers from other EU Members States, to send suggestions to the European Commission in order to find a better balance between free movement of services and the protection of workers’ rights. This initiative led to the adoption of Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. In this regard, the Committee welcomes the adoption of Directive (EU) 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, that include remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation. The Committee notes that Member States of the European Union shall adopt by 30 July 2020, the laws, regulations and administrative provisions necessary to comply with this Directive. On the application of the EU Directives on the posting of workers in practice, the Committee notes the concerns expressed by the Government concerning their improper or abusive use. The Committee also notes that in their observations, the CNV, the FNV, and the VCP call for a better implementation of the existing instruments to combat undesirable, exploitative and illegal practices against posted workers, including through the strengthening of the capacity of the labour inspectorate and an increased transnational cooperation. The Committee requests the Government to provide information on the measures taken to ensure that posted migrant workers benefit from the protections provided for by the Convention in practice.

Article 3 and Annex I, Article 3. Measures against misleading propaganda and supervision of private agencies. In its previous comment, the Committee noted the Government and FNV’s statement that a high number of European migrant workers were victims of abusive arrangements made by private employment agencies and requested information on the supervision of these agencies. The Committee also noted the Government’s indication that all parties agreed that further improvements were needed with regard to the self-regulation of private employment agencies. The Committee notes the Government’s information that a series of measures have been agreed upon with the social partners, leading to the improvement of the quality of the inspections and a better exchange of information between the Tax and Customs Administration, the labour inspectorate (SZW), and the foundations in charge of the self-regulation of private employment agencies (such as the Labour Standards Foundation (SNA), and the Collective Labour Agreement for Temporary Agency Workers Foundation (SNCU). In their observations, the CNV, the FNV, and the VCP, point out that the SNA issues certificates of compliance with the applicable standards to employment agencies that use schemes such as bogus self-employment, subcontracting and outsourcing to evade the application of the Collective Labour Agreement for Temporary Employment Agencies – resulting in unequal treatment and abuses. In this regard, the Committee takes note of the Government’s indication that the Dutch Labour Market Fraud (Bogus Schemes) Act, which penalizes exploitation, displacement, and unfair competition in labour conditions, was adopted in July 2015. In that regard, the Committee notes that the United Nations Human Rights Committee expressed concern about the growing number of migrant workers, particularly from Poland and Hungary, who are coerced by employment agencies to work under exploitative conditions. (CCPR/C/NLD/CO/5, 22 August 2019, paragraph 26). The Committee requests the Government to provide further information on the measures taken to regulate and supervise the activities of private employment agencies and the obstacles encountered.

Article 6(1)(a)(i). No less favorable treatment with respect to remuneration. Legislative developments. In its previous comment, the Committee noted the Government’s efforts to limit the deductions of housing and health insurance costs from the wages of migrant workers and requested information on the application of the principle of equal treatment with respect to remuneration. The Committee notes with interest the indication from the Government that the Dutch Labour Market Fraud (Bogus Schemes) Act (WAS), adopted in July 2015, introduced a joint liability for the payment of wages, from the lead principal contractor to the subcontractor. The Government also indicates that in order to avoid frauds: (i) the WAS introduced the obligation to pay at least the amount of the statutory minimum wage by bank transfer; (ii) real costs could no longer be deducted from the minimum wage – with the exception, under strict conditions, of average nominal premiums for health insurance and housing costs; and (iii) that deductions for housing costs are not authorized when the employer is responsible for providing housing to the workers (as is often the case for migrant workers). The Government adds that on 1 January 2017, corresponding changes were introduced in the Minimum Wage and Minimum Holiday Act. The Committee takes note of this information.

Article 6(1)(a)(iii). No less favorable treatment with regard to accommodation. The Committee notes the Government’s indication, in reply to its previous request for information on compliance with the applicable housing standards for migrant workers, that adequate housing standards are set in the collective agreement of the Federation of Private Employment Agencies (ABU) and the collective agreement of the Dutch Association of Job Placement Services and Private Employment Agencies (NBBU). The Government adds that a number of basic requirements for accommodations have also been included in the Collective Labour Agreement for Temporary Agency Workers and that ABU and NBBU members who work with migrants workers must meet the accommodation requirements set down in this agreement. The Government further indicates that the Foundation for Flexible Housing Standards (SNF) audits on a yearly basis the accommodation offered to migrant workers and that ABU and NBBU review whether their members comply with these accommodation standards. The Committee notes that, in their joint observations, the FNV, the CNV and the VCP indicate that ABU and NBBU do have standards on accommodation but points out that there are no guidelines on the housing price and that migrant workers are often offered zero or few hours contracts, just sufficient to pay for the bed rental and that if they are working more hours the bed rental price increases. The Committee asks the Government to provide information on the price-fixing for the rental of accommodation to migrant workers, as well as on the activities of the foundations and the labour inspectorate to enforce the minimum standards for the accommodation of foreign workers.

Enforcement. The Committee notes that, in their observations, the FNV, the CNV and the VCP highlight that there is a pressing need to enforce existing legislation applicable to the employment of migrant workers and that most infringements relate to the non-payment of minimum wages and unlawful deductions. The Committee notes that, while the FNV, the CNV and the VCP acknowledge that the WAS represents an advancement, they also indicate that in practice, it is difficult for migrant workers to file claims as they depend on their employer for their salary but also, in most cases, for housing. Therefore, the three organizations also call for a deeper cross-border cooperation between labour inspectorates, tax authorities and social insurance funds to combat fraud, such as bogus self-employment schemes. Regarding labour inspection, the Committee takes note of the Government’s indication that the labour inspectorate verifies whether employers comply with the national legislation on labour protection, focusing mainly on higher risk sectors such as agriculture, cleaning, intermediaries and construction. Furthermore, the Committee notes the Government’s indication that the Netherlands Institute for Human Rights (SIM) registered a number of discrimination complaints on the grounds of race and nationality. In this regard, the Committee also refers to its 2017 observation on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No.111), in which it noted the rising trend in the number of cases of racial discrimination reported to the SIM and the Anti-Discrimination Services (ADVs). The Committee requests the Government to provide further information on the activities of the labour inspectorate, such as, for example, information on the number of violations detected and on the sanctions imposed, to ensure that, in practice, migrant workers are not treated less favorably than nationals with regard to the matters covered by the Convention (and, in particular, with regard to remuneration). It also asks the Government to provide information on the number and nature of cases of less favorable treatment of migrant workers dealt with by the Netherlands Institute for Human Rights, the Anti-Discrimination Services, and the courts.

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV) received in 2017.

Article 1 of the Convention. Scope of application. Further to its previous comments on differentiated minimum wage rates for young adult workers below 23 years of age, the Committee notes that the Government indicates in its report that in January 2017, the Parliament accepted a wage increase of the minimum remuneration of young adult workers according to which workers from 21 years old will receive the adult minimum wage and workers aged 18, 19 and 20 will get an increase in their specific minimum wage rates. The Committee also notes that the FNV indicates that, while it is content with these developments, it considers that all young workers from the age of 18 should earn the regular minimum wage for adult workers.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes the observations of the Association of the National Maritime Platform for Labour, Income and Health Care (Platform Maritiem), communicated with the Government’s report and the Government’s reply thereto. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for the Netherlands on 22 August 2018 and 8 January 2019, respectively. The Committee welcomes the important steps taken by the Government and social partners towards the full implementation of the Convention. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. In its previous comment, noting Platform Maritiem’s observation that while the Seafarers Act defines the term “seafarers” in accordance with the Convention, the Dutch Civil Code does not contain a definition of this term, the Committee requested clarifications in this regard. The Committee notes the Government’s indication that: (i) Chapter 12 of Book 7 of the Dutch Civil Code contains special regulations concerning the Seafarers’ Employment Agreement (SEA) that were adopted to implement the relevant requirements of the MLC, 2006; (ii) while there is no definition of a seafarer in the Civil Code, article 7:694 of that Code, however, contains a definition of a SEA stating that it is an employment agreement by which the seafarer undertakes to work on board a seagoing ship. Under this definition, the seafarer has the status of employee; and (iii) the definition in the Act on Seafarers guarantees the protection of the MLC, 2006 to all seafarers working in any capacity on board ships flying the flag of the Netherlands. The Committee notes, however, that the social partners represented in Platform Maritiem reiterate their concerns with respect to the absence of a definition of the term “seafarer” in the Civil Code, which raises difficulties since discrepancies may arise between the laws and regulations by which the MLC, 2006, is implemented under civil law and public law. Platform Maritiem adds that a person who is a seafarer under public law may not be a seafarer according to the Civil Code, under which important matters concerning the Convention are implemented. The Committee requests the Government to identify possible discrepancies which may result from the absence of a definition of the term “seafarer” in the Civil Code – which provides protection regarding the majority of issues covered by the MLC, 2006 – and to further re-examine this issue, in consultation with the social partners, in order to ensure that all the persons who fall under the definition of seafarers pursuant to the MLC, 2006, are effectively covered by the protection it affords. The Committee further noted that under Regulation of the Minister of Infrastructure and the Environment, of 12 October 2012, No. IENM/BSK-2012/158694 (hereafter Seafarers Regulation), article 1.2, the following persons, among others, are not to be considered as seafarers for the purpose of the MLC, 2006: “(e) other persons whose duties are not part of the regular duties on board within the framework of the use of the ship”. The Committee observes that there is no reference to the duration of their stay on board. The Committee recalls that under the terms of the Resolution concerning information on occupational groups adopted by the 94th (Maritime) Session of the International Labour Conference in 2006, “Persons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board”. The Committee requests the Government to indicate on which grounds this category of persons was excluded from the definition of “seafarer”, taking into account the above-mentioned resolution.

The Committee also requested the Government to inform on any additional determination concerning cases of doubt as to whether any specific category of persons is to be regarded as seafarers. The Committee notes that a determination has been made by the Advisory Seafarers Committee, formed by the representatives of the shipowners’ and seafarers’ organizations, regarding “client representatives” on board ships working in the offshore industry. The Committee notes this information.

Cadets. In its previous comment, the Committee requested the Government to clarify the status of cadets. The Committee notes the Government’s indication that cadets work on board a ship under a so-called traineeship agreement, which is not regarded as an SEA. Article 7:737 of the Civil Code nevertheless gives cadets some protection regarding repatriation and compensation of damage in case of shipwreck and death. The Government further indicates that cadets are protected by other Acts, such as the Working Conditions Act, under which the shipowner must take all the measures necessary to make sure that the cadet works in a safe and healthy environment aboard ship, and also chapter 6 of the Decree on Working Hours in Transport containing rules for hours of work and hours of rest for seafarers. The Government further indicates that cadets can furthermore be regarded as seafarers under the Seafarers Act (article 1, paragraph 1(z)) and, therefore, all the rights of seafarers and obligations of the shipowner under this law apply to cadets, in particular concerning accommodation, recreational facilities, food and catering, complaint procedure, medical certification, etc. While noting this information, the Committee observes that the specific provisions of the Civil Code which implement many of the requirements of the MLC, 2006, do not apply to cadets. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee therefore requests the Government to adopt the necessary measures in order to ensure that cadets are regarded as seafarers and that they enjoy the protection provided for by the Convention. The Committee is certainly aware of the reported and anticipated shortage of qualified officers to effectively man and operate ships engaged in international trade and the difficulties encountered to ensure that cadets meet the minimum mandatory seagoing service which forms part of the requirements prescribed in the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for certification. In these circumstances, the Committee recalls that, as foreseen in Article VI, paragraph 3 of the Convention, governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed, in accordance with the Convention.

Personnel in special purpose ships. The Committee also requested the Government to clarify the status of personnel in special purpose ships (SPS). The Committee notes in this regard the Government’s indication that these workers work under an SEA if they fulfil the requirements of the definition of seafarers’ employment agreement in article 7:694 of the Civil Code and are in that case to be regarded as seafarers under the Civil Code. Referring to its comments in relation to the absence of a definition of the term “seafarer” under the Civil Code, the Committee notes this information.

Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. The Committee requested the Government to indicate if the determination to exclude seagoing vessels serving as tugs for the period in which they serve in port had been made after consultation, as provided for under Article II, paragraph 5. The Committee understands from the Government’s report that consultations took place in this regard.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee requested the Government to provide information on the legislation that applies to ships of less than 200 gross tonnage that are not engaged on international voyages. The Government indicates that, pursuant to Article II, paragraph 6, of the Convention, article 2, paragraph 7, of the Seafarers Act provides that “after having consulted the organizations of managing owners and seafarers involved. It may be determined by Regulation of Our Minister, for categories of ships of less than 200 gross tonnage that are not engaged on international voyages, that exemption is granted from the provisions of or pursuant to this Act under conditions to be established thereby”. While noting the Government’s indication that so far there is no need to make use of this provision, the Committee requests the Government to provide information on any determination made in the future under Article II, paragraph 6.

Article VI, paragraphs 3 and 4. Substantial equivalence. The Committee requested the Government to provide further information in relation to substantially equivalent measures adopted with respect to the requirements of Standard A2.1, paragraph 1(a), and certain paragraphs of Standard A3.1. Noting the information provided, the Committee draws the Government’s attention to its comments under each specific requirement of the Convention for which the Netherlands has allowed substantial equivalent provisions.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting a discrepancy between the Declaration of Maritime Labour Compliance (DMLC), Part I, and the Decree on Working Hours in Transport with respect to the period that should be considered as “night”, the Committee requested clarification from the Government. The Committee notes the Government’s indication that the DMLC, Part I, has been amended to ensure conformity with the requirement of the Decree on Working Hours in Transport that young seafarers shall have a rest period of at least 12 hours in each period of 24 successive hours, of which at least nine hours are uninterrupted and in which the period between midnight and 5 a.m. has been included. The Committee notes this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee requested the Government to clarify whether the prohibition of hazardous work for young seafarers is implemented without exceptions or whether such work may be allowed under adult supervision. The Committee notes the Government’s explanation that, while the Working Conditions Decree specifically prohibits seafarers under the age of 18 from carrying out certain types of works presenting special risk of accident or of detrimental effects to their health or well-being, as determined in articles 4.105 (biological agents) and 6.27, other types of work that could potentially be dangerous or unhealthy are not strictly prohibited (e.g. Articles 3.45, 3.46 (work posts), 4.106 (dangerous goods)). These types of work are subject to a risk assessment, as provided for under article 1.36. They are also subject to expert supervision as provided for by article 1.37, paragraph 2, if it appears from the risk inventory and evaluation of risks that young employees must perform work to which specific dangers are attached, particularly for occupational accidents as a result of lack of work experience, not being able to properly assess dangers and the non-completion of the young employee’s mental or physical development. The Committee considers that the situation is in conformity with Standard A1.1 and takes into account Guideline B4.3.10. The Committee notes this information, which addresses its previous request.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee requested the Government to provide information on the measures taken to ensure compliance with Standard A1.4, paragraph 5(c)(vi). The Committee notes the Government’s indication that two situations have to be distinguished: (i) first, regarding recruitment services, given that they are only an intermediary and not a party to the employment contract, it is not necessary to foresee a system of protection because if the employment service fails to fulfil its services, no contract will be established between the seafarer and the employer. In this case, a seafarer is free to seek the services of a private employment service and if this private employment service fails to deliver, the seafarer can abandon their services without costs; (ii) the second situation concerns placement services by temporary working agencies which put a person at the disposal of a third party (intaker). In this case, national provisions were adopted, as a security, to ensure protection for seafarers who are temporary employees aboard a ship flying the Dutch flag. Therefore, the intaker (the shipowner) is responsible for various duties, if the employer, in that case the employment agency, fails to meet its obligations (article 7:693 CC); and (iii) articles 8:211, b CC and 8:216 CC provide protection with respect to claims arising from sea-employment contracts regarding remuneration, salary or rewards, which are recoverable. First, the Committee recalls that the Convention establishes the same obligations for recruitment and placements services. Both kind of agencies should therefore be required to have a system of protection to compensate seafarers for monetary loss. Second, while noting that a system of protection was established to cover cases in which seafarers incur in monetary loss as a result of the failure of a temporary working agency to meet its obligations to them, the Committee notes that there is no reference to measures put in place to compensate seafarers when the monetary loss results from the failure of the relevant shipowner. The Committee recalls that Standard A1.4, paragraph 5(c)(vi), requires that insurance or an equivalent appropriate measure must also be in place to compensate seafarers for monetary loss they may incur as a result of the failure of a recruitment and placement service “or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. The Committee requests the Government to adopt the necessary measures to give full effect to the obligation under Standard A1.4, paragraph 5(c)(vi), both for employment services and temporary working agencies.

Regulation 1.4 and Standard A1.4, paragraph 6. Recruitment and placement. Supervision of services. The Committee requested the Government to indicate how it gives effect to Standard A1.4, paragraph 6, under which the competent authority shall closely supervise and control all seafarer recruitment and placement services operating in its territory. The Government indicates that the Act on Placement of Workers by Intermediaries stipulates, inter alia, that an employer who makes available workforce for remuneration must be registered as a lender in the Commercial Register of the Chamber of Commerce. A lender who is not registered in the Commercial Register of the Chamber of Commerce will be fined, and so are intakers who do business with a lender who is not registered. The Government further indicates that the temporary work agency sector has set up a certification system for temporary employment agencies. A certification guarantees the intaker (shipowner) that the temporary employment agency complies with its contractual agreements with the temporary agency workers. The Committee also notes, as stated in the instructions to Recognized Organizations (RO) – document ItoRO No. 22 – Maritime Labour Convention 2006 – that ROs shall verify that the recruitment and placement service/temporary employment agency has been audited with a positive result, by one of the six ROs authorized by the Dutch Administration to ensure compliance of the Recruitment and Placement services with Regulation 1.4. The Committee notes this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Noting that the Netherlands has adopted a substantially equivalent measure allowing seafarers’ employment agreements (SEA) to be signed by the employer, including a temporary employment agency, and not by the shipowner or a representative of the shipowner as required by Standard A2.1, paragraph 1(a), the Committee requested the Government to provide further explanations in this regard, in line with Article VI, paragraph 3, of the Convention. The Committee notes the Government’s indication that: (i) in practice the shipowner is not always the employer, for instance in the case of a temporary employment agency. According to Dutch law, the employer has to sign the employment agreement because he is party to that contract. If the shipowner is the employer and party to the agreement, he has to sign the contract; (ii) according to the provisions of Dutch law on the seafarers’ employment agreement, the person who is regarded as the employer has to fulfil the duties and responsibilities under the Convention, which are set out in Chapter 12 of Book 7 of the Civil Code. The “open” definition of seafarers’ employment agreement implies that the duties and responsibilities of the Convention are applicable to any entity that is to be regarded as employer of the seafarer, whether it is the shipowner or not. The employer is responsible for honouring the obligations in the employment agreement, in particular those relating to the payment of wages and allowances and social protection obligations. The shipowner is liable for other obligations which are of concern to the shipowner rather than to the land-based outside employer as set out in the Seafarers Act (manning and decent and secure accommodation and recreational facilities), without however being part of the employment agreement; (iii) the Government has adopted substantial equivalent measures to ensure that, as a security, in case the employer who is not the shipowner fails to fulfil its obligations towards the seafarer under articles 706 to 709 (wages), 717 to 720 (leave, repatriation, seafarer compensation for the ship’s loss or foundering), 734 to 734l (financial consequences of sickness, injury or death), the shipowner shall nonetheless be liable for these obligations, as provided for in article 7:693 CC (in the case of a temporary employment agency) and article 7:738. This measure is covered by article 69d(2) of the Seafarers Act with respect to the obligations of the managing owner. Recalling the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention and the fact that under Standard A2.1, paragraph 1 (a), every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer), the Committee considers that the measures adopted by the Government cannot be considered as substantially equivalent to these requirements of the Convention. Furthermore, seafarers might not be in a position to identify who is the shipowner at the time of signing the SEA and thereby be fully informed of all the circumstances related to the living and working conditions on board. Furthermore, the situation of temporary working agencies and managing owners has been taken into account by the Convention which establishes, under Article II(I)(j), that the shipowner has the responsibility for the operation of the ship and takes the duties and responsibilities imposed on them in accordance with the Convention. The purpose of Standard A2.1, paragraph 1(a), is therefore that seafarers do not have to deal with more than one person or entity with respect to their working and living conditions. In light of the above, the Committee requests the Government to adopt the necessary measures to amend its legislation in order to ensure full compliance with Standards A2.1, paragraph 1(a), ensuring by the signature of the contract that the shipowner takes responsibility for ensuring conformity of all conditions with the requirements of the MLC, 2006, independently of the person of “employer” from the perspective of contract law.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee requested the Government to provide further information on how effect is given to Regulation 2.1 (right of seafarers to have an opportunity to examine and seek advice on the agreement before signing). The Committee notes the Government’s indication that the principle laid down in article 7:611 of the Civil Code, that the employer is obliged to act as a good employer is also applicable in the pre-contractual phase and that, as a security, a contract can be annulled if it was performed under the influence of threat, fraud or abuse of circumstances (article 3:44 of the Civil Code). Furthermore, under article 6:228 of the Civil Code an agreement can be declared void if it was concluded under the influence of error and, if the employee would not have agreed to the contract if the presentation had been correct. Under this principle, there is an obligation of diligence for employers that requires them to duly inform their (future) employees of their rights and duties. The Committee notes Platform Maritiem’s observation that the inclusion in the law of a preventive obligation, such as one provided for under article 11(1)(a) and (b) of the Decree on Claims of Seafarers and Recruitment and Placement of Seafarers is more effective than a provision that offers seafarers protection after the fact, in the case that they did not enter freely into an agreement with sufficient understanding of their rights and responsibilities. The Committee notes that article 11(1)(a) and (b) of the Decree on Claims of Seafarers and Recruitment and Placement of Seafarers does require that the recruitment and placement services shall inform seafarers of their rights and their obligations as mentioned in the SEA before or during the process of entering into service and take the necessary steps to enable seafarers to study their employment agreement before and after signing. The Committee observes that no similar provisions exist for seafarers who do not enter into an agreement through recruitment and placement services. Recalling that Standard A2.1, paragraph 1, expressly requires Members to adopt laws and regulations to comply with the requirements set out in the same paragraph, the Committee requests the Government to indicate the measures taken to ensure full compliance with this requirement of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee requested further information with respect to the implementation of Standard A2.3, paragraph 6, related to the division of hours of rest into no more than two periods, one of which shall be at least six hours in length. The Committee notes the Government’s indication that Dutch legislation does not allow to split the ten hours of rest into more than two periods (one of which must have the minimum length of six hours). The Committee observes however that the Annexes to the DMLC, Part I, still refer to the interpretation of article 6.5.2 of the Working Hours Decree Transport according to which, rest may be divided into more than two periods if one of the periods includes an uninterrupted rest for at least six hours. The Committee observes that Platform Maritiem suggested that the DMLC, Part I should be amended in this regard. The Committee requests the Government to revise the Annexes of the DMLC Part I, so as to dissipate any misunderstanding concerning the fact that hours of rest should be divided into no more than two periods as required by Standard A2.3, paragraph 6.

Finally, the Committee noted from the annexes to the DMLC, Part I, that “Under Dutch law it is allowed to operate ships under a two-watch system, including 6-on/6-off”. It recalled that Members should take measures to avoid infringements of the work or rest hour requirements that result from additional work which officers have to perform outside their watchkeeping routine. The Committee notes the Government’s indication that article 6.5:7 of the Decree on Working Hours in Transport (Arbeidstijdenbesluit vervoer) only allows derogations from the hours of work and rest in cases of emergency situations. The Government further states that this happens only incidentally and when it happens, sufficient compensatory rest has to be given. The Committee also observes that article 4(7) of the Seafarers Act provides that the master shall organize work and the watch schedule such that the watchkeeping staff has had sufficient rest and is otherwise fit to serve at the beginning of the watch. The Committee notes this information.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. The Committee requested the Government to provide information with respect to the kind of financial security which is required from ships flying its flag. The Committee notes the Government’s indication that the costs of repatriation are covered by insurances and that, if the repatriation of a seafarer on a Dutch ship in a foreign port is necessary, the Ministry of Infrastructure and Environment shall discuss the matter with the Dutch organizations of shipowners and seafarers to find the best solution. The Government provided a certificate of insurance in respect of seafarer repatriation costs and liabilities, as an example of the kind of documentation that is accepted or issued as proof of financial security. The Committee notes that articles 737, paragraph 2, and 738a–738d of the Civil Code set the requirements for financial security in accordance with the 2014 amendments and that this has been reflected in the Annexes to the DMLC, Part I. The Committee takes note of this information with interest.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee noted that, according to section 7:718, paragraph 4, of the Civil Code, the right to repatriation lapses if the seafarer has not made his or her wish to repatriation known to the captain within two days after one of the situations provided for in section 7:718 occurred. Recalling that paragraph 8 of Guideline B2.5.1 provides that “the entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable period of time to be defined by national laws or regulations or collective agreements”, the Committee requested the Government to clarify the basis for its decision that exceeding the two-day period from the time when the seafarer is entitled to be repatriated could, in this regard, justify the loss of the seafarer’s right to repatriation. The Committee notes that the Government’s indication that the decision is based on the urgent character of situations calling for repatriation and that it is in the interest of both parties to know within a short time whether the seafarer will invoke his right or not. The Committee also notes the Government’s indication that article 7:718, paragraph 4, CC provides that a longer period may be agreed to by collective bargaining agreement or regulation by or on behalf of a competent authority. The Government further indicates that the period of two days was stipulated after consultation and agreement by the Dutch organizations of shipowners and seafarers and that this period of two days is not applicable in case the condition of the seafarer prevents to have him repatriated. The Committee notes this information.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee requested the Government to provide information on the measures adopted with respect to vocational guidance, education and training of seafarers in application of Standard A2.8, paragraph 3. The Committee notes the information provided by the Government that the responsibilities of the Ministry of Education, Culture and Science include Maritime Education and Training offered through senior secondary vocational education curricula and through the higher professional education curriculum. The Committee also notes that the Dutch Maritime Strategy, 2015–2025, was adopted in 2015 providing a comprehensive framework for the government-wide policy for the maritime sector. The strategy develops initiatives aiming in particular at encouraging the choice for maritime professions, as well as retaining the current personnel offering them development opportunities and career prospects. The Committee further notes Platform Maritiem’s observations that, while acknowledging the measures in place with respect to vocational guidance, education and training of seafarers, it considers that the Government should take a more supportive position towards vocational education and employment protection for Dutch professionals in the maritime sector. Noting that the Maritime strategy of the Netherlands is an ongoing process, the Committee requests the Government to inform it of the progress made in this regard.

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee requested the Government to explain how effect is given to the provisions of Standard A3.1. The Committee notes the detailed information provided by the Government which is also included in the DMLC, Part I, and its Annexes. The Committee notes this information, which addresses its previous request.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting that substantially equivalent provisions have been adopted with respect to certain requirements relating to sleeping rooms of Standard A3.1 (floor areas and location above the load line in passenger and special purpose ships), the Committee requested the Government to provide further information in this regard. The Committee notes the detailed information provided by the Government with respect to the compensating measures adopted to ensure that they are substantially equivalent and that they are conducive to the general purpose of Standard A3.1 to provide seafarers with decent accommodation. The Government indicates that the substantial equivalent provisions were adopted in close consultation with the social partners. The Committee notes this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee noted that section 7:734(a) of the Civil Code provides that while working on board a seafarer has a right to adequate medical care at no cost for the seafarer. Noting that this provision does not however explicitly refer to the right of a seafarer to visit a qualified medical doctor or dentist without delays in ports of call, where practicable, as set out under paragraph 1(c) of Standard A4.1, the Committee requested the Government to provide clarification as to how effect is given to this provision of the Convention. The Committee notes the Government’s reference to article 4(10) of the Seafarers Act which provides that the permission of the master is not required for abandoning the ship in a port of call for consulting, if possible, a doctor or dentist. The Committee notes this information, which addresses its previous request.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee noted that section 7:734(a) and (b) of the Civil Code provide that the right to medical care and treatment, as well as the right to full payment of wages in case of illness “ends when the seafarer reaches his country of residence”. The Committee requested the Government to clarify whether shipowners are required: (a) to continue to defray the expense of medical care after the sick or injured seafarers have returned home at the termination of their employment for at least 16 weeks or until recovery or until such time as the sickness or incapacity has been declared of a permanent character; and (b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided for in collective agreements from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned. The Committee notes the Government’s detailed explanations concerning seafarers who are resident in the Netherlands. In this regard, a seafarer who returns to the Netherlands receives medical care under the Health Insurance Act (Zvw) or under the Long-term Care Act (Wlz). Seafarers ordinarily resident in the Netherlands are also insured by the Dutch employee insurance schemes (werknemersverzekeringen), covering employees, if they work for an employer situated in the Netherlands, including the Unemployment Benefit Act (WW), Incapacity to work schemes (Sickness Act (ZW), Act for Work and Income (WIA)) and maternity scheme (Labour and Care Act (Wazo). The Committee understands that the shipowner’s liability is limited given that, once seafarers resident in the Netherlands return home, the liability of the shipowner is taken over by the legal social insurance schemes. For seafarers insured on account of a member of the European Union, Regulation (EC) 883/04 is applicable and therefore medical care is provided at the cost of the State whose legislation is applicable, by the state of residence or stay. Finally, seafarers who are not insured under the Health Insurance Act/Long-term Care Act, or the Sickness Act or under a corresponding EU Member State legislation are covered by the provisions of articles 7:734d–734k CC. The Committee notes however Platform Maritiem’s observation that it would like to consult with the Government on a further specification of the obligation to reimburse the medical costs of sick seafarers who return to their home country. The Committee notes these explanations and requests the Government to provide up-dated information with respect to any further developments.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that the Government has submitted an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard (Standard A4.2, paragraph 1(b)). The Committee notes that articles 738e CC and 738f CC set the requirements for financial security in accordance with the 2014 amendments and that this has been reflected in the Annexes to the DMLC, Part I. The Committee notes this information with interest.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. Noting Platform Maritiem’s concerns on the development of seafarer welfare facilities in the country, the Committee requested the Government to provide information on measures taken or envisaged to promote the development of seafarer welfare facilities in Dutch ports. The Government indicates that it is currently in contact with the Nederlandse zeevarendencentrale (a foundation in which a number of welfare organizations cooperate nationwide) which is studying further possible action to respond as much as possible to the welfare of seafarers in Dutch ports. The Government indicates that a study was presented in June 2017 and that parties agreed to continue exploring the possibilities to contribute primarily to the prevention of psychological problems of seafarers who are dealing with long-term absence from home, or related to bullying or undesirable behaviour towards seafarers. The Committee also notes Platform Maritiem’s observation that, as agreed during the consultation of 11 September 2017, the Government, on the basis of its responsibility under the MLC, 2006, in the field of seafarer welfare, will organize a meeting with stakeholders to initiate a dialogue on optimizing seafarers’ welfare in Dutch ports. The Committee requests the Government to provide information on the progress made towards improving seafarers’ welfare facilities in the country.

Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. Branches. The Committee noted that, in the declaration made at the time of ratification (in accordance with Standard A4.5, paragraph 10), the Government had not indicated employment injury benefit as one of the branches of social security provided to seafarers. Noting the Government’s indication that all branches of social security are covered, the Committee requested the Government to provide clarifications as to whether, and under which framework, employment injury benefits are provided to seafarers. The Committee notes the extensive information provided by the Government in this regard.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee requested the Government to provide information on whether seafarers ordinarily resident in the Netherlands working on ships flying the flag of another country are provided with social security protection, as required under Regulation 4.5 and the Code, both in the presence and absence of bilateral or multilateral agreements. The Committee notes the Government’s indication that if seafarers are working on board a ship flying the flag of another country and fall under Dutch social security law, they will have the same social security rights as any other citizen falling under Dutch social security. The Government further explains that, in the absence of a bilateral or multilateral agreement, a seafarer ordinarily resident in the Netherlands is in principle insured by the national insurance schemes (volksverzekeringen), covering all residents of the Netherlands. Seafarers ordinarily resident in the Netherlands are also insured by the Dutch employee insurance schemes (werknemersverzekeringen), covering employees, if they work for an employer situated in the Netherlands. This means that they are insured under the Unemployment Benefit Act (WW), incapacity to work schemes (Sickness Act (ZW), Act for Work and Income (WIA)) and maternity scheme (Labour and Care Act (Wazo)). Finally, seafarers who are not insured under the Health Insurance Act/Long-term Care Act, or the Sickness Act or under corresponding EU Member State legislation are covered by the provisions of articles 7:734d–734k CC. The Committee notes this information.

Regulation 5.1.2 and the Code. Recognized organizations. The Committee requested the Government to clarify the legal status of the instructions given to recognized organizations. The Committee notes the Government’s indication that the recognized organizations (seven in total) have a specific agreement with the Netherlands Shipping Inspectorate (Agreement of 3 April 2014) between the Administration of the Netherlands and Recognized Organization governing the authorization of statutory survey and certification services of ships registered in the Netherlands. Recognized organizations are formally mandated to inspect and certify on the MLC, 2006, aspects. The Committee notes this information, which addresses its previous request.

Regulation 5.1.4 and the Code. Inspection and enforcement. The Committee requested clarifications on the measures giving effect to Standard A5.1.4, paragraph 12. The Committee notes the Government’s indication that article 5.4 of the Seafarers Regulation gives effect to this requirement of the Convention with respect to the obligation that a copy of the inspection report, in the working language of the ship and in English, when the working language is not English and the ship is engaged on international voyages, is given to the master. Upon request, the master gives a copy of the inspection report, as well as of the maritime labour certificate and the DMLC, in English or in the working language of the ship, to officials designated to carry out surveys, inspectors of a port State or representatives of shipowners or seafarers. With respect to the requirement that a copy of the inspection report be posted on the ship’s noticeboard and that a copy be sent to seafarers’ representatives upon their request, the Committee notes the Government’s indication that, in the next review of the Seafarers Regulation, a sentence will be added to ensure that a copy of the inspection report shall also be posted on the ship’s noticeboard. The Committee requests the Government to provide information on any progress made in this respect.

Comments adopted by the CEACR: Netherlands

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C094 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C148 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Occupational Cancer Convention, 1974 (No. 139)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Chemicals Convention, 1990 (No. 170)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C181 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C097 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Netherlands

Display the list by:

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C094 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C148 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Occupational Cancer Convention, 1974 (No. 139)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Chemicals Convention, 1990 (No. 170)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C181 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C097 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)