Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Wage Fixing Convention, 1970 (No. 131) - Netherlands (Ratification: 1973)

Articles 1 and 2 of the Convention. Lower minimum wages for young workers. The Committee notes the observations of the Netherlands Trade Union Confederation (FNV), which were received on 22 November 2007 and were transmitted to the Government on 17 December 2007, concerning the application of the Convention. More concretely, the FNV objects to the fact that young workers of 21 and 22 years of age are not entitled to the full adult minimum wage. In fact, at the age of 21 a worker earns only 72.5 per cent of the statutory minimum wage and by the age of 22 only 85 per cent. According to the FNV, the Council of Europe’s Committee of Social Rights has already ruled that this situation is not in conformity with section 4(1) of the European Social Charter. The FNV considers there is no justification for the distinction, all the more so as the required age to receive the full minimum wage (23 years) is neither related to the legal adult age (18 years) nor to the definition of adulthood for financial matters or for the expiration of parents’ duty of maintenance (21 years). Referring to the Government’s arguments regarding employment opportunities for young persons and preventing children from dropping out of school, FNV believes there are not objective reasons for denying 21–22-year-old workers the full adult minimum wage. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the FNV. Recalling that the question of differentiated minimum wage rates on account of workers’ age has been raised previously in two direct requests, especially in the light of the overriding principle of “equal remuneration for work of equal value”, the Committee would appreciate receiving the Government’s reply in this regard.