Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee notes with interest the enactment of the Equal Treatment (Working Hours) Act of 1 November 1996, which guarantees equal treatment for full-time and part-time employees in respect of their terms and conditions of employment, including the conditions in which they enter, extend or terminate the contractual employment relationship. The Committee notes that the Act prohibits employers from discriminating against their employees on the basis of their working hours, unless there are objective reasons for doing so. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the objective reason exception to the non-discrimination provision in the Act does not operate to disadvantage workers with family responsibilities. The Committee would also be grateful if the Government would continue to provide information regarding the practical application and enforcement of the Act.

2.  The Committee notes with interest the amendment on 1 July 1997 of the Civil Code [new section 7:644] to provide greater flexibility and coverage to workers with family responsibilities. The amendments increased the protection previously afforded to part-time workers by abolishing the requirement that employees work a minimum of 20 hours per week in order to be eligible for parental leave and by increasing the hours of parental leave to which part-time workers are entitled. The new Civil Code also provides that employees may request permission from their employers to use their leave time in a more flexible manner and permit the leave entitlement to be used until the child turns 8 (previously 4). The Committee would appreciate receiving information in the Government’s next report on the practical application of these provisions and their impact, if any, on the number of men taking paternal leave in the Netherlands.

3.  The Committee notes from the report that work has been initiated in connection with the drafting of the Work and Care Bill, which is expected to coordinate and expand upon existing statutory leave allowance schemes, supplementing existing emergency care leave by introducing a care giver’s leave entitlement which would enable employees to care for their children or other family members in the event of illness. The Committee also notes the enactment of the Career Break (Funding) Act on 1 October 1998, which permits civil servants and other employees to take subsidized leave to care for their families or to further their education.

4.  Article 2.  The Committee notes the Government’s statement that the General Civil Service regulations and most other sectoral regulations governing employees’ rights no longer require an employee to work a minimum number of hours before he or she will be eligible for unpaid parental leave. Employees may now also take full-time parental leave. The Committee would be grateful if the Government would supply information in its next report on the application of the new civil service regulations, indicating the number of men and women workers that elect to take parental leave.

5.  Article 5.  The Committee notes with interest the various childcare incentive schemes promoted by the Government, particularly those designed to encourage employers to provide childcare facilities for their employees, as well as those providing for childcare and after school care for children of single parents on social assistance who seek to pursue studies or enter the work force. With regard to the Government’s undertaking to increase the number of childcare centres, the Committee notes the establishment of the incentive fund and tax incentives contemplated under the Government policy accord of mid-1998. The Committee would be grateful if the Government would provide information in its next report on the progress achieved in this regard, including the availability of childcare in the public sector on which the Committee requested information in its previous comment.

6.  Article 6.  The Committee notes from the report that the Government policy accord of 1998 examines ways of enabling workers to balance professional and family responsibilities more satisfactorily and that (in follow-up to a discussion paper on the subject) consultations with interested stakeholders are being carried out to explore methods of achieving these goals. According to the report, a bill will be drafted as soon as consultations are completed. The Committee requests the Government to continue to supply information with regard to measures taken to educate or inform the public about the objectives of the Convention, including any initiatives taken or promoted by the Netherlands Family Council.

7.  Article 7.  The Committee notes from the report that women’s training centres have enjoyed a high rate of success, with 80 per cent of students in such centres finding work within a year and with the vast majority of those placed remaining in the labour market. The Committee notes the 1998 statistics provided by the Government, indicating that, of the 1,600 women attending a women’s training centre, 60 per cent had children living at home. The Committee would be grateful if the Government would continue to provide information on the services offered and the results achieved by these training centres.

8.  Article 8.  The Committee notes the Government’s explanations regarding the grounds on which civil servants employed on permanent contracts may be dismissed and that these grounds do not contemplate dismissal for taking maternity or parental leave. The Committee requests the Government to indicate whether the regulations governing the employment of civil servants on permanent contracts expressly prohibit dismissal on grounds of family responsibilities. It would also appreciate the Government supplying information on any measures taken to protect civil servants on temporary contracts from being dismissed due to their family responsibilities.

9.  The Committee notes the summaries of sub-district court judgements provided in the report. In this regard, it notes the Government’s statements regarding the need to enact legislation concerning working hours. The Government indicates that a Bill is currently being drafted which will give employees a provisional right to change the number of hours that they work, in order to permit employees to balance their work and family responsibilities more efficiently. The Committee would be grateful if the Government would provide information on developments of the Bill and to supply a copy with its next report.