Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Netherlands (Ratification: 1988)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee would be grateful if the Government would provide in its next report information on how the term "other members of their immediate family who clearly need care or support" is defined for purposes of applying the terms of the Convention.

Article 2. The Committee notes that workers employed for less than 20 hours a week and civil servants working less than 16 hours per week are excluded from entitlement to parental leave, both under the Parental Leave Act of 1990 and the civil service regulations. It also notes the temporary exclusion of employees of teaching hospitals from the provisions of the Parental Leave Act of 1990. The Committee would be grateful if the Government would provide information in future reports on any measures taken or contemplated to extend such coverage to those workers excluded from the above-mentioned provisions. It also requests the Government to kindly indicate whether the Parental Leave Act of 1990 covers employees regardless of their form of employment or whether it only covers employees who are employed in the formal legal sense pursuant to sections 1637(d) et seq. of the Labour Code.

Article 3. The Committee notes from the Government's report that the Cabinet issued a policy statement on 24 December 1985, entitled "Combining parenthood with paid employment". It would be grateful if the Government would kindly attach a copy of said policy statement with its next report.

The Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to be employed without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities for members of their immediate family other than children.

Article 4. The Committee would be grateful if the Government would continue to supply in future reports information on measures which have been taken or are contemplated, in addition to maternity and parental leaves, to enable working parents to better integrate their work and family responsibilities, such as working time reduction, leave for taking care of sick children, flexible working hours, or the possibility to work at home. It also requests the Government to provide information on any social security benefits which exist or are contemplated to enable workers with family responsibilities to better combine their work and family responsibilities of dependent children as well as of other members of their immediate family who clearly need care or support. In this connection, it would be grateful for information, if it is available, on the types of "sole income-earner premiums" which exist in tax or social security legislation and the eligibility requirements for these premiums. Further, the Committee requests the Government to provide information on the eligibility requirements for subsidized day care and on the demand for such subsidization.

Article 5. The Committee notes the information in the Government's report concerning the provision of child care and it requests the Government to indicate in its next report whether the child-care facilities meet the present demand for such facilities and, if not, whether measures are being taken or contemplated to attempt to satisfy this demand. In this regard the Committee requests the Government to keep it informed of the implementation of the Government's policy on child care, including any evaluation of the implementation of said policy and progress achieved in this respect. The Committee would also be grateful if the Government would indicate whether any family services other than child care exist to assist workers in reconciling their work and family responsibilities with dependants other than children.

Article 6. The Committee notes from the Government's report that information has been distributed in the country on issues concerning equality of opportunity and treatment between men and women. It requests the Government to kindly provide information on any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities.

Article 8. The Government's report indicates that employees can never be dismissed on the grounds that they have taken parental leave. The Committee would be grateful if the Government would provide in its next report the provisions which establish this protection as well as information on any other measures existing to protect workers against dismissal on the grounds of family responsibilities.

Article 11. The Government's report indicates that the legislative authority has commissioned employers to administer the process of safeguarding and promoting the implementation of the Convention. The Committee requests the Government to indicate how the employers implement the provisions of the Convention as well as the manner in which the workers' organizations are included in this administration and application process.

Point I of the report form. The Committee would be grateful if the Government would provide copies of the following texts: all amendments to section 46 of the General Civil Service Regulations since 1982; sections 32(c) and 33(c) of the Labour Agreements Decree and all amendments to those articles since their adoption; all amendments to section 81 of the Civil Service Regulations of the States General since 1979, and all amendments to section 21 of the Civil Service Salaries Order since 1983.

Point V of the report form. The Committee would be grateful if the Government would provide copies of parts I and II of the results of the study carried out by the Service on Collective Standards (DCA) and the Technical Service on Wages (LTD) on the steps that were undertaken in 1990 in individual businesses and collective agreements to improve the position of women in companies.