Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Equal Remuneration Convention, 1951 (No. 100) - Netherlands (Ratification: 1971)

The Committee notes the information provided in the Government’s report and the attached documentation and legislative texts.

1. The Committee notes the legislative developments with respect to equal remuneration of men and women, including the adoption of the Act of 21 December 2000 amending the Pensions and Savings Funds Act (and certain other Acts) and the Decree of 5 February 2002 providing for additional protection with respect to equal treatment of men and women in pensions in all respects, including benefits, modules and contributory arrangements. With respect to the comments previously raised by the Netherlands Trade Union Confederation (FNV) concerning the application of EC jurisprudence with respect to access of women and part-timers to pension schemes, and the limited participation of women in pension schemes due to the exclusion of certain job categories (merely administrative jobs and temporary work), the Committee notes the information on the cases handed down by the Equal Treatment Commission, with respect to the exclusion of part-timers and women from pension schemes, that provide more than the statutory requirements. It invites the Government to continue providing information on the practical application of the amendments of the Pensions and Savings Funds Act, the Equal Opportunities Act and the Civil Code, which guarantee equality of treatment between men and women with respect to pension schemes, as well as on the decisions handed down by the Equal Treatment Commission. Further, the Committee notes the Government’s statement that, due to the European jurisprudence, the voluntary reparations of the pensions have become partially obligatory and that since the mid-1990s a large number of pension funds have begun correcting the pensions of women who were excluded in the past from pension arrangements. Noting that the State Secretary for Social Affairs and Employment, in June 2002, has called upon the social partners to investigate whether they could offer financial support for correcting the pensions of (older) women, the Committee asks the Government to provide information on the corrective action taken with respect to women that have been excluded from participating in pension schemes.

2. Further with regard to the limited participation of women in pension schemes due to the exclusion of certain job categories (the so-called "white spots"), the Committee notes that the social partners have set the goal that all employees should have access to supplementary pension schemes and that the achievement of this goal will be evaluated in 2006. The Government indicates that, based on the outcome of this evaluation, it will decide whether, in order to combat exclusion from participating in pension schemes, there is a need to adopt legislation on the general operation of pension allocation. The Committee asks the Government to indicate the categories of jobs currently excluded from the pension schemes and to provide information on the progress made in achieving the goal set by the social partners. Please also supply a copy of the new Pensions Act, once adopted.

3. The Committee notes that the Commission on Equal Treatment is currently drawing up an inventory of the judicial decisions on the Equal Treatment (Working Hours) Act and that the Labour Inspectorate is undertaking further research into the distinctions made between full-time and part-time workers in collective agreements. Noting that both studies will be completed at the end of 2002, the Committee would be grateful if the Government would supply, with its next report, copies of the research. Noting also that, following the recommendations made by the Labour Foundation collective agreements that made distinctions between full-time and part-time workers are being revised, the Committee asks the Government to keep it informed of the progress made in this regard, and its impact on women’s and men’s average hourly wage differential.

4. The Committee notes that the Government completed its research concerning the requirement for equal remuneration in flexible pay systems, which consisted of: (i) a quantitative research component; and (ii) the development of a specific instrument to ensure equal remuneration. It notes from the information provided that these flexible remuneration systems are widely used and that some vigilance is needed because of apparent differences between men and women in flexible pay systems (for example, 9 per cent more men than women receive an individual bonus) and because certain job categories appear to have less access to variable pay systems; flexible pay appears to apply mostly to higher level posts and external or production-related functions, in which women are often under-represented. Noting that the new instrument, which is still being developed, aims to assist employers in assessing how equal remuneration is applied in flexible pay systems used in their organization, the Committee asks the Government to continue to provide information on how equal remuneration is being ensured in the context of flexible pay systems and to provide a copy of the new instrument once developed.

5. In relation to job classification in the health sector, the Committee takes note of the Government’s statement that, with respect to the job evaluation system used in the health sector (Function Evaluation Health-care II System or FWG-II), the system has been amended and changed into a new system (FGW-III) that is owned by the Joint Employers’ Association for Health Care. It notes that the FGW-III is currently being introduced and that the Ministry for Health, Well-being and Sport has not received any complaints to date. The Committee would be grateful if the Government would provide a copy of the new system with its next report.

6. Further to its observation, the Committee invites the Government to continue to provide data on the wage differentials between men and women in the public and private sectors and on the implementation of the measures taken or envisaged in the Action Plan on Equal Remuneration. Please also provide copies of any future labour inspectorate surveys as well as Circulars by the State Secretary of Social Affairs and Employment with respect to equal remuneration policy.