Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the joint observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV) received on 30 August 2023, and then communicated by the Government.

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that, in their joint observations, the CNV and the FNV express concern regarding the persistent gender pay gap which is higher than in other European countries. In that regard, the Committee observes that, according to EUROSTAT, in 2021, the unadjusted gender pay gap was estimated at 13.5 per cent (compared to 14.7 per cent in 2018) being higher that the average gender pay gap in the European Union (12.7 per cent). It notes that, according to the Central Bureau of Statistics (CBS), the gender pay gap was particularly high in the private sector (19.2 per cent, compared to 11.1 per cent in the public sector) and persisted in all economic sectors, including in those where women are more represented (such as healthcare, education and services). Furthermore, in 2020, the gender pay gap was as high as 28 per cent in the financial activities, 27 per cent in trade and 23 per cent in industry. The Committee notes the Government’s statement, in its report, that the gender pay gap is a reflection of the different positions of men and women in the labour market, as men work more often in jobs with higher salaries, for example in the financial sector, while women work more often in lower-paid sectors, such as the healthcare sector. The Committee refers, in that regard, to its comments made on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee notes from the Government’s report that several measures are being implemented to address the gender pay gap, namely: (1) the adoption of a new Action Plan on Labour Market Discrimination 2022-2025 which provides for various targeted measures in order to promote equal pay for work of equal value; and (2) the planned implementation of the Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of equal value between men and women, in collaboration with the social partners. Observing that the EU Directive entered into force on 6 June 2023 and must be implemented by EU Member States within three years, the Committee notes the Government’s statement that, as part of the implementation process, awareness-raising and training activities for workers and employers shall be developed. The Government adds that the Ministry of Social Affairs and Employment will explore whether conducting further research into reduction of the gender pay gap is methodologically feasible and whether this can be helpful in further improving gender equality in the labour market. The aim is to inform the House of Representatives by the end of 2023. The Committee observes that, in their joint observations, the CNV and the FNV fully support this initiative and plead for not postponing such research. Welcoming the measures taken and envisaged by the Government, the Committee observes that the gender pay gap only slightly decreased over the past years and remains high, more particularly in the private sector. In light of the high and persistent gender pay gap, the Committee asks the Government to strengthen its efforts in order to identify and address the likely underlying causes of the gender pay gap, such as occupational gender segregation and gender stereotypes. It asks the Government to provide information on: (i) any measures implemented to that end, in particular in the framework of the Action Plan on Labour Market Discrimination 2022-2025, and their impact; (ii) any developments introduced to improve pay transparency, in particular in the context of the transposition of the EU Pay Transparency Directive of 2023; and (iii) the earnings of men and women, in both the public and private sectors, disaggregated by economic sector and occupation, where possible, as well as any further research carried out by the Ministry of Social Affairs and Employment or any other body on the gender pay gap.

Article 2. Measures to address differences in remuneration of part-time workers and workers in other diverse forms of work contracts. The Committee notes that, according to the CBS data (“Emancipatiemonitor” 2022), in 2020, 75 per cent of women worked part-time (a share that increased by 4.5 per cent since 2008, compared to 32 per cent for men) and the average hourly wages of part-time workers remain lower than those of full-time workers. Industries where many employees work part-time are relatively often industries with low hourly wages, such as the trade and the hospitality industry, where employees are mainly women, thereby leading to indirect discrimination based on gender with respect to pay. The Government adds that: (1) several measures have already been implemented to increase labour participation of part-time workers, such as the extension of the childbirth leave and parental leave; (2) a campaign has been launched to encourage part-time workers to start the conversation with their employer and at home in order to increase their working hours; and (3) a broad societal dialogue will be launched by the end of 2023 to discuss barriers for women to fully engage into the labour market. In that regard, the Committee notes that, in their joint observations, the CNV and the FNV express serious concerns about the Government’s approach which increases pressure on women instead of adopting measures that would introduce systematic changes and correct structural discrimination and barriers for gender equality, in particular regarding the role of women as primary caregivers. In that regard, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156). As regards other non-standards forms of work contracts, the Committee notes that, according to CBS, persons with a fixed-term contract earn on average less than persons with a permanent contract. The Government states that it plans to abolish zero-hour contracts and on-call contracts (except for students with part-time jobs) and to replace them by a new type of contract that will provide more predictability as regards number of working hours and wages. The Government adds that these measures will be debated in Parliament in 2023 and are expected to have positive effects on gender equality, as currently women are over-represented in non-standard forms of work contract. Welcoming this information, the Committee however notes with regret that the Government does not provide information on the measures implemented or envisaged to address differences in remuneration of part-time workers and workers in other non-standard forms of work contracts. The Committee urges the Government to strengthen its efforts in order to address differences in remuneration between men and women and implement the principle of equal remuneration for work of equal value, taking into account the high number of women engaged in part-time work and other non-standard forms of work contracts and their lower hourly rates, as well as their concentration in jobs that are generally lower paid. It asks the Government to provide information on: (i) any targeted measures elaborated and implemented to that end, including in collaboration with the social partners; (ii) any legislative developments regarding non-standard forms of work contracts, in particular zero-hour and on-call contracts, and their impact on the gender pay gap; and (iii) the number of men and women engaged in part-time work and other non-standard forms of work contracts and their average remuneration in comparison to full-time workers.

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