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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Netherlands (Ratification: 1973)

1. The Committee notes the Government's report and the information supplied in reply to its earlier comments on training for girls and women. It also notes the entry into force on 1 September 1994 of the General Equal Treatment Act which prohibits both direct and indirect discrimination on the basis of religion, philosophy of life, political convictions, race, sex, nationality, hetero- or homosexuality and marital status.

2. The Committee notes that the Netherlands Trade Union Confederation (FNV) commented in favour of the adoption, in 1994, of the Act promoting a proportional employment share for ethnic minorities ("allochtonen" in Dutch) which the Government says obliges employers to produce annual reports on the composition of their workforce and their equality plans for the future. In its report, the Government notes the criticisms made by the Netherlands Employers' Federation (RCO) on this Act of which the Committee has not received details. Noting the information given regarding other measures designed to combat discrimination against ethnic minorities on the labour market, the Committee requests the Government to supplement this information by indicating the level and categories of jobs which have thus been provided, as well as the national extraction of the beneficiaries, and to supply information on the pilot projects established following the policy of career development for women belonging to ethnic minorities.

3. With regard to the activities of the Commission on Equal Treatment for Men and Women in Employment, the Committee notes the figures for 1992 indicating that of 72 rulings made by the Commission, 48 related to direct discrimination and 11 to indirect discrimination, while in 13 cases, the Commission concluded that the law had not been infringed. The Committee also notes that following the adoption of the above-mentioned General Equal Treatment Act in 1994 and the Act on Equal Treatment of Men and Women, this Commission has been replaced by a new Commission with more extensive powers. The Government indicates, in particular, that the new Commission can bring cases before the courts with a view to having the behaviour in question declared illegal if it is in breach of the two above-mentioned laws, and of having its effects redressed. The new Commission may also, in giving rulings in cases submitted to it, address its recommendations directly to the perpetrators of the discriminatory behaviour in question. The Committee would be grateful if the Government would send with its next report copies of the instruments relating to the composition and powers of the new Commission.

4. The Government refers to the publication of a first report prepared subsequent to an investigation begun in 1993, by order of the Ministry of Social Affairs and Employment, to analyse the effect in jurisprudence of the legislation on equal treatment of men and women. The Committee welcomes the positive aspects reported by the Government on this subject; it would be grateful if the Government would send it a copy of the report as well as a copy of the second report relating to the effect of the relevant legislation on employers' behaviour and the possible adaptation of the legislation or other appropriate action.

5. On the question of development of women's employment in government service, the Committee observes that implementation of government policy has not resulted in reaching the objectives set for the period 1990-95, particularly for employment in senior posts. In fact, the overall development relates essentially to jobs in the lower categories while the proportion of women employed in the intermediate category remains stagnant. The Government reports on various activities aimed at improving the situation, and especially a study, initiated by the Ministry of Home Affairs, on whether the appointment of women to technical, financial and computing jobs is in accordance with the relevant supply in the labour market. The Committee requests the Government to send information on the conclusions of this study and also requests it to send with its next reports relevant excerpts from the six-monthly parliamentary reports it mentions concerning the Government's policy in favour of employing women in governmental service.

6. On the question of positive action by the Government in favour of employment of women in other sectors, the Committee notes with interest the detailed information concerning the financial assistance scheme designed to assist certain bodies with the necessary expenditure for developing measures concerning women's employment. It notes that, while the scheme has not met with the expected success in the business sector and large firms, it has worked well in the non-profit sector and in local authorities. The Government emphasizes the important role played by collective labour agreements in this respect in companies that have made use of the financial assistance scheme to conduct an affirmative action policy. Noting that the Women and Technology Consultancy should by now have published its report on the results of approaches made to technical companies encouraging them to apply for subsidies and on the assessment of what form of support these companies need, the Committee requests the Government to send information on these findings with its next report.

7. The Committee notes that the distinctions made under the Bills relating to equality of treatment between men and women will be permitted only in so far as they are made in favour of women. It also notes that adoption of these Bills has been deferred with a view to their being re-examined in the light of recent relevant jurisprudence of the European Court of Justice. The Committee hopes that its comments will be taken into account in these texts and requests the Government to send it copies as soon as they are published.