Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

Further to its observation, the Committee notes the detailed information provided in the Government's report and the attached documentation. It also notes the comments submitted by the Netherlands Trade Union Federation (FNV).

1. Discrimination on the basis of sex. As regards the implementation of the Equal Treatment (Working Hours) Act of 1996, the Committee notes the findings of the study undertaken by the Labour Inspectorate of the Ministry of Social Affairs and Employment concerning distinctions made in collective agreements between full-time and part-time workers. The study found that a number of collective agreements excluded part-time workers who work less than a certain number of hours (12 to 23 hours) a week or excluded this category of workers from receiving certain employment-related benefits. The Government states that excluding part-time workers wholly or partly from collective agreements does not contravene the Equal Treatment (Working Hours) Act, given that parties to such agreements have the possibility to set alternative conditions of employment for part-time workers, provided that reasons for doing so are in the interest of equal treatment. Noting that the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations of 16 June 1998 (E/C.12/1/Add.25) expressed concern on the disproportionate representation of women in part-time work, the Committee requests the Government to provide an indication of the number of men and women working part time who are excluded by collective agreements and to supply information on any alternative conditions of employment set for these workers. The Committee also requests the Government to keep it informed of any views expressed and action taken by the Joint Industrial Labour Council in this regard which have a bearing on the application of the Convention. The Committee notes the information on the decisions handed down by the Commission on Equal Treatment on the implementation of the above Act and encourages the Government to continue to provide such information in future reports.

2. The Committee notes that an interdepartmental working party representing the ministries most closely involved has been instructed to seek more effective ways of tackling public information activities on the issues of equal treatment and that a booklet is being prepared on equal treatment standards of conduct in the selection and recruitment of staff. The Committee also notes that the final results of an ongoing evaluation covering the Equal Treatment Act, the Equal Treatment (Working Hours) Act and the Equal Treatment of Men and Women Act, to examine ways of streamlining legislation on equal treatment, are expected in 1999. The Committee requests the Government to supply information on the findings of the study and to provide a copy of the booklet on equal treatment standards of conduct in the selection and recruitment of staff.

3. The Committee notes the information provided in the Government's report on the results of the Women and Technology Action Plan (1995-98). It notes that a wider ranging campaign called "Axis 1998" has been launched as a follow-up, and requests the Government to provide information on its achievements. The Committee also requests the Government to indicate the impact the campaign "Opportunity in Business" has had on promoting equal opportunity and treatment for women and men in jobs in trade and industry, and to provide copies of diversity plans and objectives formulated by employers, if available.

4. Discrimination on the grounds of colour, race and national extraction. The Committee notes from the statistics provided by the Government that, while unemployment amongst ethnic minorities fell from 26 per cent in 1994 to 20 per cent in 1997, it is still four times higher than among people of Dutch extraction. According to the Government, the discrepancy of the employment rate between persons of Turkish and Moroccan extraction and those of Dutch extraction is still 25 per cent, unlike persons of Surinamese background for which the discrepancy is only 5 per cent. The Committee also notes from the statistics provided that the net employment rate of Turkish and Moroccan women, although increasing, remains particularly low, especially for single mothers with more than two children. The Government further indicates that Moroccan and Turkish women tend to be engaged in unskilled and semi-skilled jobs, although in 1998 the number of Turkish and Moroccan women who had moved up from unskilled to semi-skilled increased. Further in this connection, the Committee notes that the Fair Employment of Ethnic Minorities Act of 1994 has been amended and re-launched as the Employment of Minorities (Promotion) Act which came into effect on 1 January 1998. According to the Government, the Act aims to make the provisions of the 1994 Act more effective by eliminating some of its administrative procedures. Noting that under section 5 of the new Act, employers are required to publish annual reports on the ratio of ethnic minorities on their staff and on the measures they propose to take to achieve a greater proportional representation of minorities in their enterprise, the Committee requests the Government to provide further details on the impact of the Act on achieving greater equality for ethnic minorities in employment and occupation, as well as to provide information on the action taken, pursuant to section 10 of the Act, against employers who do not fulfil their obligations prescribed by the Act. Noting further that in 1998 a task force was established jointly by the Ministries of Social Affairs and Employment and of the Interior to promote the employment of ethnic minorities by coordinating the demand and the supply sides of the labour market and to foster best practice both in individual companies and in industrial sectors, the Committee requests the Government to supply information on the recommendations of this task force and their follow-up.

5. While noting the initiatives taken by the Government to improve employment opportunities for ethnic minorities, the Committee also notes the comment submitted by the Netherlands Trade Union Federation (FNV) that the Government's employment policy goal to halve the unemployment rate differences between persons of Dutch origin and those of ethnic minorities before the year 2003 cannot possibly be realized without substantial and earmarked budget provisions and without specific measures for black migrant and refugee women. The Committee requests the Government to indicate the impact of measures taken to promote job opportunities for ethnic minorities, and in particular for men and women of Turkish and Moroccan origin.

6. Enforcement of legislation. The Committee notes from the Equal Treatment Commission's annual reports for 1997 and 1998 that the number of complaints filed rose steadily up to 1998 after which it slightly decreased, and that the majority of the complaints continue to relate to discrimination based on sex (35.2 per cent) and nationality and race (32.5 per cent). As regards the nature of the conclusions handed down by the Equal Treatment Commission, the Committee notes an increase in the conclusions handed down in relation to discrimination based on sex (42.1 per cent in 1997 and 45.5 per cent in 1998), while conclusions handed down in relation to race decreased from 21.6 per cent in 1997 and 17.5 per cent in 1998. While noting that the Equal Treatment Commission has not yet lodged any cases in court on its own initiative, the Committee also notes the Commission's explanation that it has not always a complete picture of the extent to which its decisions are complied with since it is dependent on the parties concerned to provide information in this regard, but that such information is generally submitted by the parties. The Equal Treatment Commission also found that, overall, its function of providing for an accessible settlement of disputes and to be an alternative for court action has been satisfactory, and that only in very few instances cases have been brought to court after a decision of the Commission. The Commission's annual reports also indicate the specific follow-up action given by the Commission to ensure that its recommendations and conclusions are complied with, including the fact that in one case concerning equal pay, the Commission had started legal proceedings with a view to obtaining relevant information from the employer. The Committee notes this information and requests the Government to continue to provide similar information in future reports. The Committee notes, however, with some concern that certain complaints filed in 1997 which were declared receivable did not end in a decision by the Commission due to the withdrawal by complainants of their case for fear of negative consequences. The Committee requests the Government to indicate the action taken or envisaged to ensure that adequate protection exists for those complainants who fear reprisals. Noting further from the 1997 annual report that the Commission regrets that the Government does not always put into practice its own diversity policy and that there is also a lack of adequate follow-up to the decisions of the Commission by the different government institutions and bodies, the Committee requests the Government to provide information on the action taken by the different government institutions to give adequate follow-up to the Commission's recommendations.