Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 183) sur la protection de la maternité, 2000 - Pays-Bas (Ratification: 2009)

The Committee notes the observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV) communicated with the Government’s report.

Article 9(1) of the Convention. Discrimination in employment, including access to employment. With respect to its previous request to take measures to effectively tackle the problems of application in practice of the prohibition of discrimination based on maternity, the Committee takes note of the adoption in 2017 of the Action Plan against Pregnancy Discrimination, which aims to strengthen labour inspections, increase pregnant women’s knowledge and awareness of their rights, and increase the willingness to report cases of pregnancy discrimination. According to the Government, the measures taken under the Action Plan against Pregnancy Discrimination included the launch by the Netherlands Institute for Human Rights of a hotline to report cases of discrimination and conduct of the anti-discrimination campaign in the labour market. The Government further indicates that, pursuant to the 2020 report of the Netherlands Institute for Human Rights on the impact of pregnancy and parenthood on women’s employment opportunities, the incidence of pregnancy discrimination is persistent. In this respect, the Committee notes the observations of the CNV and the FNV indicating that 43 per cent of pregnant women experience some form of discrimination and that women in temporary employment are particularly vulnerable to the discriminatory treatment. While acknowledging the efforts undertaken by the Government under the Action Plan against Pregnancy Discrimination of 2017, the CNV and the FNV allege the lack of sanctions imposed on employers for discrimination on the grounds of pregnancy and maternity. The Committee requests the Government to continue to take measures to ensure that maternity does not constitute a source of discrimination in employment, pursuant to Article 9 of the Convention. The Committee further requests the Government to provide information on the impact of the Action Plan against Pregnancy Discrimination of 2017 in reducing discrimination in employment on the ground of maternity. It also requests the Government to provide detailed information on the number of cases involving discrimination in employment based on maternity detected by or reported to labour inspectors or the courts, as well as the sanctions imposed on employers and remedies provided to victims.

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