Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Netherlands (Ratification: 1988)

The Committee notes the Government’s replies received in August 2010 to its 2009 direct request. It also notes the new comments by the Netherlands Trade Union Confederation (FNV). The Committee notes the Government’s statement in reply to the comments formulated in August 2008 by the Union Federation for Professional and Managerial Staff (MHP), indicating that during the 2010 evaluation of the Work and Income (Employment Capacity) Act (WIA), attention will be paid to persons with work incapacity of less than 35 per cent and to those who are partially unfit for work in general.

Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Government indicates that following the social security system reforms with regard to persons with disabilities, the number of workers benefiting from disability benefits under the WIA decreased from 100,000 in 2000 to around 30,000 in recent years, which was also a consequence of reintegration policy results for persons with disabilities. The Government further indicates that the Institute for Employee Benefit Schemes (UWV) is responsible for the reintegration of persons with disabilities and decides if support for reintegration is necessary and in what form. Some 11,000 persons with disabilities were estimated to be employed in 2009. The Government had indicated that subsequent to its concern for the growing number of young persons in the social security scheme for persons with disabilities, a new law has come into force in 2010 to increase the labour market participation of young persons with disabilities. Under this law, young persons with disabilities must be given the chance to search for regular or “supported” employment before applying for disability benefits. Furthermore, the Sheltered Employment Act (WSW) is aimed at creating suitable work opportunities for persons with severe physical, intellectual and/or mental disabilities who are not able to work under normal conditions. The WSW offers the opportunity to work in special sheltered companies or to carry out regular work under supervision outside of sheltered facilities. The Committee notes the FNV’s concerns that the decrease in the number of workers benefiting from disability benefits is due to the fact that under the WIA, the employer is obliged to continue to pay employee wages during two years of sickness and that only after these two years workers are eligible for the WIA. The FNV also observes that no service is provided by the UWV during the first six months of unemployment. Therefore, implementation of the government policy for persons with disabilities is seriously inadequate. The Committee requests the Government to provide in its next report an assessment of the impact of the national policy on vocational rehabilitation and employment of persons with disabilities on effectively increasing labour market participation for the persons concerned. It also requests the Government to provide detailed information on the services provided by the UWV for unemployed persons with disabilities. The Government is further requested to include in its next report specific information on education and training opportunities offered to persons with disabilities. Please also provide relevant documents containing statistics, studies or surveys on the matters covered by the Convention (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2012.]