Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Netherlands (Ratification: 1950)

The Committee notes the information supplied by the Government in its reports. It also notes the comments provided by the Federation of Netherlands Industry (VNO) and the Confederation of the Netherlands Trade Union Movement (FNV).

In its 1989 observation the Committee asked the Government to repeal sections 10 and 11 of the so-called "WAGGS" Act so that employers and workers in the national insurance and subsidised sectors would be permitted freely to conclude agreements in relation to their terms and conditions of employment. In making this observation, the Committee drew attention to the fact that the Wage Determination Act, 1970 (as amended), gives the Government powers to intervene in the bargaining process in the face of compelling reasons of national economic interest.

The Committee notes that the Government had indicated that it was considering whether it might be possible to repeal that part of the WAGGS Act (section 11) which provides for the freezing of terms and conditions of employment in the "budgeted" sector - what the Government refers to as the application of the "ultimate remedy". It was also considering whether section 10, which applies to those sectors where there has not been a budgetary agreement in accordance with section 2 of the Act, might be amended in such a way that the "ultimate remedy" could be used only while taking account of the criteria described by the Committee in its 1989 observation. The Government further indicated that it would be holding consultations with the relevant organisations of employers and workers in relation to these proposed amendments, and that it would also be seeking the advice of the Socio-Economic Council (SER) on the matter. It anticipated that this would take place in the autumn of 1990.

In its comments, the VNO quotes from a letter it had sent to the Government in which it indicated that it would prefer that sections 10 and 11 be amended rather than repealed. It also urged that a final decision be taken as soon as possible, and that that decision be communicated to the ILO so as to enable the Committee of Experts to consider the matter at its meeting in March 1991. The FNV expresses its dissatisfaction with the follow-up given by the Government to the recommendations of the Committee on Freedom of Association in relation to Case No. 1469, and of the Conference Committee in June 1989. According to the FNV no proposed amendments had been presented to it in writing, and the Government had not engaged in any consultations with organisations of employers and workers in relation to the repeal, or amendment, of sections 10 and 11.

The Committee can only note that the Government has not yet introduced any legislation to bring the WAGGS Act into conformity with the requirements of the Convention. It once again urges the Government to introduce such amendments as soon as possible, and to keep the Committee informed of all relevant developments.