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

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.

1. Discrimination on the basis of sex. Referring to its previous comments related to the distinctions made in collective agreements between full-time and part-time workers and the disproportionate representation of women in part-time work, the Committee notes the information contained in the Government’s report, including the indication that three collective agreements excluded 3,557 part timers working less than 12 hours a week, out of which 2,710 were women, and that other collective agreements partly exclude 77,332 such part-time workers, out of which 60,123 were women. The Committee notes that the Labour Foundation considered that threshold provisions for part timers were inappropriate and recommended that they should be adjusted or revised where possible. Noting that the Government has alerted collective agreement negotiators to the possibility of letting the Equal Treatment Commission assess draft agreements and of seeking relevant advice from the Commission, the Committee requests the Government to keep it informed of further developments concerning these matter, including any activities of the Equal Treatment Commission in this regard. Please also refer to the Committee’s comments under Convention No. 100.

2. The Committee notes that the recent evaluation of the Equal Treatment Act has shown that the objective of equal treatment enjoys broad public support, but that many people are not aware of the Act’s details. The Government points to the necessity of making the Equal Treatment Act and the Equal Treatment Commission better known and of further promoting compliance with the Act. In this respect, the Committee notes the various information booklets on equality submitted by the Government and the Commission’s intention to exercise its powers proactively in the next few years by providing advice, public information, policy follow-up and independent research. Noting that the Equal Treatment Commission has endorsed the establishment of a national equality focal point with a mandate to raise awareness and to give advice, the Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the acceptance and observance of the principles of equality of opportunity and treatment in employment and occupation.

3. The Committee notes the information provided in regard to women’s participation in the labour market. The Committee notes from the report that the women’s share in high-ranking jobs has been growing very slowly, the current average proportion for all sectors being 18 per cent. The Committee notes that, while the ratio of women to men in middle-ranking jobs is 13 to 37, many more men are moving up to the top rank, in particular in the private sector. The Committee notes the information provided on "Opportunities in Business" (OIB) and "Toplink", both encouraging improved participation of women in the private sector. It also notes the implementation of the "Axis 1998" programme and the targets set by the Government, according to which the number of women in the ICT-sector should increase from 10 to 15 per cent in 2004 and to 30 per cent in 2010. The Committee hopes that the Government will take positive action to increase the number of women in decision-making positions and in new technologies. It invites the Government to continue to supply information on the achievements and activities of its initiatives to enhance women’s participation in the labour force, including the OIBs "Balance meter: Facts and figures about the role of women in the various sectors of the Dutch labour market" and the planned network of high-profile equal opportunity pioneers which is to work with Dutch business to promote equality.

4. Discrimination on the grounds of colour, race and national extraction. The Committee notes that an evaluation of the Employment of Minorities (Promotion) Act took place in 2000, showing broad support for the Act’s objectives and that the number of reports filed by employers on the ratio of ethnic minorities on their staff and on measures they propose to achieve a greater proportional representation of minorities in their enterprise, as required under article 5 of the Act, has increased in recent years. According to the Government, the Act is helping to increase awareness of the problems of ethnic minorities in the labour market and on how employers could help remedy them. According to the Government, the Act had a minor, but favourable impact on essential changes in enterprises’ personnel and recruitment policies. The evaluation further found that in enterprises complying with the Act, the proportion of minorities was increasing faster, although this was not a significant trend. The Committee also notes from the report that no direct impact on the labour market position of minorities could be identified so far and that, in 2001, the Government consulted with social partners on the issue of ethnic minorities and on how to improve compliance with the Act. The Government is requested to keep the Committee informed of the outcome and follow-up to these consultations. Noting the various measures devised on the basis of the recommendations arising from the 2000 evaluation of the Act, the Committee requests the Government to provide further details concerning the "benchmarking tool" of the public employment services to compare enterprises’ compliance with the Act. Noting that the public employment services website will publish a list of enterprises that have not complied with the Act, the Committee asks the Government to continue to provide information on the action taken, pursuant to section 10 of the Act, against employers that do not fulfil their obligations prescribed by the Act. Recalling the importance of addressing discriminatory practices in the context of recruitment processes, the Committee requests the Government to provide information on measures taken or planned to further promote non-discriminatory personnel and recruitment policies and their implementation.

5. The Committee notes that the recommendations elaborated by the Joint Ethnic Minorities and Labour Market Task Force established by the Ministry of Social Affairs and Employment and of the Interior were included in the "Policy document on labour market policy for ethnic minorities: Action Plan 2000-01", which was welcomed by the Dutch House of Representatives in June 2000. The action plan calls for additional efforts by the concerned ministries, professional organizations, social benefit agencies, enterprises and other relevant actors in areas such as employment creation, improvement of intercultural management, public information, training, social assistance, and youth employment. The Committee notes with interest the creation of an integration task force charged with improving the integration and employment of refugees and the establishment of a committee for labour participation among women from ethnic minority groups. The Committee requests the Government to keep it informed on the implementation of the abovementioned initiatives and the results achieved.

6. Recalling the previous comments submitted by the Netherlands Trade Union Federation (FNS), concerning the need to earmark funds to reduce unemployment of ethnic minorities, the Committee notes the statistical information provided by the Government on the employment situation of ethnic minorities. It notes that the overall unemployment rate for men and women of ethnic minorities has decreased from 20 per cent to 14 per cent between 1997 and 1999, while in the same period unemployment rate for the native Dutch population decreased from 5 per cent to 3 per cent. Noting that there remains an overall difference of 11 per cent in the unemployment rate of ethnic minorities and native Dutch workers, the Committee observes with some concern that the unemployment rate of 18 per cent for Moroccans in 1999 (1997: 21 per cent) remains particularly high compared to the native Dutch population, but also relatively high compared to other ethnic groups. Moroccan women are the only group for whom the employment situation has worsened between 1997 and 1999. Noting the Government’s explanation that this is to due to the low educational attainment of Moroccan women, the Committee requests the Government to continue to provide information on the measures taken to promote equal job opportunities and employment of Moroccan women and other ethnic minority women.

7. Enforcement of legislation. The Committee notes from the Equal Treatment Commission’s annual report for 1999 that the number of complaints filed decreased substantially from 1998 to 2000 (from 346 to 232 complaints filed). The Committee observes further that the largest share of cases dealt with by the Commission relate to discrimination in recruitment and selection and that complaints against sex discrimination are mainly brought by women, while complainants in cases of racial discrimination were mainly male. Regarding the problem of persons withdrawing their complaints lodged with the Equal Treatment Commission because of fear of retaliation, the Committee notes the Government’s indication that protection from such consequences is afforded by section 8(1) of the Equal Treatment Act which provides that if an employer terminates an employee’s employment in contravention on the grounds that the employee has invoked section 5, either at law or otherwise, such termination shall be invalid. While considering that that measure provides some protection against reprisals, the Committee notes that section 8(1) does not appear to provide protection in cases involving other forms of harmful consequences than dismissal, or to cover other persons than the actual complainant, such as witnesses. Noting the Government’s intention to incorporate a provision specifically about victimization into equal treatment legislation, the Committee requests the Government to keep it informed of this matter in its next report. The Committee asks the Government to continue to provide information on the functioning, activities, and recommendations of the Equal Treatment Commission, including explanations for and action taken against the decline in the number of complaints filed with the Commission, as well as information concerning follow-up to its conclusions. With reference to its previous direct request, the Committee once again requests the Government to provide information on the action taken by government institutions to give adequate follow-up to the Commission’s recommendations.