Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Netherlands (Ratification: 1962)

The Committee takes note of the information supplied by the Government in its report and in the 29th report on the application of the European Code of Social Security and its Protocol. It is also aware of the publication of the Ministry of Health, Welfare and Sport entitled "Health Insurance in the Netherlands" and that of the Ministry of Social Affairs and Employment, which contains a brief analysis of social security in the Netherlands. The Committee would appreciate receiving additional information on the following points:

I. Part II (Medical Care), Article 10, paragraphs 1(b) and 2, and Part VIII (Maternity benefit), Article 49, paragraph 2, of the Convention. 1. Referring to its previous comments, the Committee notes with interest that, according to the Government's report on the European Code of Social Security, as from 1 January 1996 beneficiaries need no longer have to share in the cost of medical care during confinement, when this care is medically prescribed and given in a hospital or a special nursing home, and that, from now on, in accordance with the standards embodied in the Convention, there is no longer cost sharing in cases of pre-natal, confinement and post-natal care. The Committee would like the Government to provide with its next report the text of the legislative provisions abolishing the cost sharing by insured persons.

2. The Committee notes with interest the information communicated by the Government on the reform of the health system. It would like the Government's future reports to continue providing information on any new development which might come about in this field.

II. Part III (Sickness benefit). The Committee takes note of the Act of 8 February 1996 amending the Civil Code, the Sickness Benefits Act, as well as several Acts concerning maintenance of the wages of sick employees at the expense of the employers. It notes that, as from 1 March 1996, the Civil Code requires employers to continue to pay a part of the wage of a sick employee (70 per cent of the wage or the minimum wage if the latter is higher). The employer pays the wage until the employee has been on sick leave for a maximum period of 52 weeks, though a two-day waiting period is authorized. The Sickness Benefits Act (ZW) still exists as a safety net for employees who no longer have employers, that is, in particular, for employees whose contract has expired or who lost their jobs during the first year of sickness, and for temporary workers. The same situation applies in the event of bankruptcy of the employer.

The Committee notes that, in the great majority of cases, sick pay is now the responsibility of the enterprise, whatever its size, and that the provisions of the sickness insurance apply only subsidiarily and in a limited number of cases. The Committee recalls that the Convention, in a deliberate effort to remain flexible, allows the requisite protection to be ensured by differing methods in view of the variety of situations which can arise in the different countries. However, the Convention does lay down certain criteria of general scope relating to the functioning of social security systems. The system must be financed collectively by contributions or taxation or both (Article 71) so that the risks are shared among the various members of the community. It may be administered by a government department or by any other institution or body provided that, in this case, representatives of the persons protected participate in the management or are associated with it (Article 72). The Committee would accordingly like the Government to indicate in its next report the manner in which the new system, established by the Act of 8 February 1996 whereby the employer maintains the wage of sick employees, continues to meet these criteria.

In addition, the Committee stresses that, in conformity with Article 71, paragraph 3, of the Convention, the State must accept general responsibility for the provision of sickness benefits to which workers are entitled, by taking all measures required for this purpose in practice. This implies taking measures to avert any risk of abuse by some employers who might be tempted to evade their responsibilities by putting pressure on their employees. The Committee would accordingly ask the Government to provide in its next report detailed information on the measures taken to ensure that, in practice, workers effectively receive their entitlements to sickness benefit, in accordance with the provisions of the Convention. In particular, it would like to receive information on how the new system is supervised and on the measures which are taken when employers fail to meet their obligations properly or dismiss workers so as to avoid paying them their entitlements. The Committee would also like to receive from the Government information on the number of inspections carried out, infringements recorded and penalties imposed. Finally, it requests the Government to supply detailed information on the possibility of restricting, by individual agreement, the entitlements of workers in respect of sickness benefit and leave.

III. The Committee also notes the adoption of the Act of 22 December 1994 which, inter alia, amends the Employment Act. It reserves the possibility of examining this legislation in more detail when it has a translation of the text in French or English.

IV. Lastly, the Committee notes that in the last few years, there have been very many amendments of the social security legislation. In order to facilitate its examination of these reforms, the Committee would like the Government to communicate the consolidated texts in Dutch - including adopted amendments of the various social security laws in force in the Netherlands as soon as they have been consolidated.