Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Workers' Representatives Convention, 1971 (No. 135) - Netherlands (Ratification: 1975)

The Committee notes the Government's report and the comments made by the Netherlands Trade Union Federation (FNV) regarding the protection and facilities that should be afforded to the workers' representatives referred to in Article 3 of the Convention.

The Committee notes that the Government repeats its previous statement that there is no obligation under the Convention, as is clear from Article 4, on States that have ratified it to provide protection and facilities to both the categories of workers' representatives defined in Article 3.

The FNV again observes that both the categories of workers' representatives referred to in Article 3 should receive the facilities and protection established in the Convention, and that Bill No. 21479 to amend the legislation on dismissal and prohibiting dismissal for carrying out trade union activities does not change the existing legislation which protects only members of works councils (established in accordance with the Act respecting enterprises with fewer than 35 workers).

The Committee notes Bill No. 21479 and asks the Government to inform it of the adoption of the Bill in its next report.

With regard to the FNV's comment, the Committee has already pointed out that, in the light of the wording of Article 4 of the Convention which permits a certain flexibility in the choice of workers' representatives, the present system does not infringe the requirements of the Convention. It recalls, however, that it is important to apply a reasonable criterion to ensure that workers' representatives in certain small enterprises are not denied the protection and facilities laid down in the Convention.