Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Workers' Representatives Convention, 1971 (No. 135) - Netherlands (Ratification: 1975)

In its previous observation, the Committee requested the Government to send its response to the comments on the application of the Convention, dated 4 November 2002, made by the Netherlands Trade Union Confederation (FNV).

Noting that the Government has not yet sent a reply to this observation, the Committee observes that the FNV states the following. Within the framework of its policy, the Minister of Social Affairs and Employment categorically excludes to declare generally applicable the provisions of the collective agreements on trade union representation and facilities in the undertaking, despite being requested to do so by the parties to the agreements. The FNV is of the view that trade unions should be allowed adequate room for representation and communication at the workplace as long as the order and the operation of the undertaking are not disturbed. It considers that this results implicitly from the international standards on freedom of association. While it recognizes that these standards do not impose the adoption of statutory provisions to this end, the FNV states that it seems incompatible with freedom of association to deny an erga omnes effect to the provisions of the collective agreements concerned, on the grounds that such provisions, as the authorities put it, "infringe upon the employer’s territory".

The Committee invites the Government to discuss the matter with the most representative workers’ and employers’ organizations.