Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Employment Service Convention, 1948 (No. 88) - Netherlands (Ratification: 1950)

The Committee notes the Government’s report for the period ending in June 2004, including information on the new organization of the employment service as a result of the Work and Income (Implementation Structure) Act of 29 November 2001. It also notes the observations made concerning the report by the Trade Union Confederation of Middle and Higher Level Employees (MHP) and the National Federation of Christian Trade Unions (CNV). The Committee invites the Government to continue providing detailed information in its next report on the application of the Convention, as well as further indications on the following points.

1. Organization and functions of the employment service. The Government indicates that the new organization of the employment service includes basic services, which are provided by the 128 offices of the Centre for Work and Income, and reintegration services, which are the responsibility of employees’ insurance systems for persons in receipt of unemployment benefit and of municipalities for persons in receipt of national assistance benefits. The MHP claims that the unity of the former employment service, which incorporated in the same organization the activities of placement, reintegration, vocational training and the provision of benefits, has been lost. The Committee requests the Government to describe more precisely the manner in which, in the context of the new organization, a national system of employment offices under the direction of a national authority, as required by Article 2 of the Convention, discharges all the functions assigned to it by Article 6 of the Convention. The Committee also notes that the organization of the employment service will be the subject of an overall evaluation in 2006. It requests the Government to provide the results of this evaluation.

2. Cooperation of the social partners. The Committee notes that, according to the Government, the consultation structure has been considerably simplified with the establishment, on the one hand, of the Council for Work and Income and, on the other, of the network of regional labour market platforms, the composition of which is not restricted to the social partners. The MHP and the CNV indicate that these platforms are funded by the local authorities, with their role varying according to their location. The CNV considers that the role of the social partners, which was previously co-management, has been reduced to an advisory function in the new system. The Committee recalls in this respect that, under the terms of Articles 4 and 5 of the Convention, the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy has to be ensured through the establishment of one or more national advisory committees, and where necessary regional and local committees. It requests the Government to describe the measures adopted or envisaged to give full effect to this important provision of the Convention in the context of the new organization of the employment service.

3. Cooperation between the public employment service and private employment agencies. The Committee notes that, with a view to facilitating a rapid return to employment, temporary employment agencies are present in most of the offices of the Council for Work and Income. The Committee requests the Government to provide detailed statistical information on the number of placements made by the public employment service and by private employment agencies, respectively, with an indication of the nature of the contracts offered in the context of these placements.

[The Government is asked to reply in detail to the present comments in 2007.]