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

Home Work Convention, 1996 (No. 177) - Netherlands (Ratification: 2002)

The Committee notes with interest the Government’s first report, even though it does not contain information on the application of all the provisions of the Convention. The Committee also notes the comments of the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation of Middle and Higher Level Employees (MHP), summarized below.

In general terms, the FNV considers that there is no national policy relating to home work and that, contrary to the expressed intentions of the Government, the social partners have not been invited to discuss the situation of homeworkers. The trade union organization also maintains that most of these workers are not covered by a contract of employment, despite the adoption of the Flexibility and Security Act, 1999, because they have not been informed and do not dare to claim. Furthermore, according to the FNV, employers and intermediaries prefer not to engage these workers under a contract of employment for cost reasons and the labour inspectorate does not consider home work to be a priority. Only those who work for only part of their working time at home tend to benefit from a contract of employment and, even in these cases, equality of protection only exists in the legislation. The FNV adds that most homeworkers are not covered by social security since, according to the legislation, those who are not engaged under a contract of employment have to earn at least 40 per cent of the statutory minimum wage to qualify for coverage. Most intermediaries endeavour to keep homeworkers under this threshold. Moreover, such work is generally paid on a piecework basis, so that they have to work practically full time to earn the minimum prescribed. Finally, the FNV indicates that, during the examination of the draft legislation for the ratification of the Convention, it specifically drew attention to the role of intermediaries and that, contrary to its affirmations, the Government has not examined the situation in cooperation with the social partners.

In its comments, the CNV emphasizes that the opinion of the Economic and Social Council on the coverage of social legislation and self-employed workers, the publication of which in the near future is announced by the Government in its report, has since been issued and does not affect the situation of homeworkers. The MHP wonders why the Government’s report does not also refer to the recommendation of the Economic and Social Council on telecommuting, which transposes the European framework agreement on this subject.

The Committee requests the Government to reply in detail to these comments.

The Committee is also addressing a request directly to the Government on other matters.