Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Migration for Employment Convention (Revised), 1949 (No. 97) - Netherlands (Ratification: 1952)

The Committee notes the information supplied in the Government’s report.

1. The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17), that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to provide copies of any new provisions of laws or regulations adopted, together with up-to-date information on its emigration and immigration policy. It would also be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

2. The Committee notes that according to the Decree dated 17 April 1997, asylum seekers and holders of a conditional permit ("VVTV") are no longer part of the Dutch health insurance fund. Instead these categories of persons shall obtain an expense coverage for their health insurance on the basis of an administrative contract with an insurer. The Committee asks the Government to supply further information regarding the categories involved as well as the conditions of conclusion of such contract, and to provide any result secured by the action taken. The Committee would be grateful if the Government would also provide a copy of a standard contract.

3. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, particularly with respect to the occurrence of discrimination against foreign job applicants. If so, please supply the text of these decisions.

4. In view of the growing role of private agencies in the international migration process, the Government is asked to state whether this tendency has any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placement and conditions of labour of migrants. If so, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse. Please also specify the penalties for infringements, particularly misleading propaganda.

5. Finally, the Committee asks the Government to continue providing statistics on Dutch nationals working abroad, and the countries of origin of foreigners employed in the Netherlands and to communicate the results, if any, of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.