Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Netherlands (Ratification: 1951)

With reference to its observation the Committee would like to raise the following additional questions.

Article 3(b) of the Convention. Technical information and advice to employers and workers. The Committee notes that the Government has developed a demand-driven digital information system for employers and workers providing information on the legislation, ways of complying with it and new and emerging risks. The Committee asks the Government to describe in further detail the demand-driven digital information system and to provide an indication of its impact.

Articles 14, 20 and 21 of the Convention. Recording and notification of occupational accidents and diseases. Annual report on the work of the labour inspectorate. The Committee takes note of the 2010 annual report which is available on the Internet site www.arbeidsinspectie.nl as well as the English summary of the report provided by the Government. However, it has been unable to find statistics of cases of occupational disease in the annual report. The Committee notes the Government’s indication that the Netherlands Centre for Occupational Diseases (NCVB) is responsible for the analysis of cases of occupational disease. In its 2009 comment under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee had noted, in response to the observations made by the FNV with regard to the under-reporting of occupational diseases, the adoption of measures to improve the reporting of occupational diseases in the national registration system of the National Committee on Occupational Diseases, including improved communication with the experts responsible for submitting the reports by providing tailor-made information to these experts, offering feedback and refresher courses, as well as developing guidelines to empower experts to report occupational diseases. The Committee would be grateful if the Government would indicate any further steps taken or envisaged in order to ensure that the labour inspectorate is informed of cases of occupational disease. It also requests the Government to ensure that annual reports of the work of the labour inspectorate include statistics on cases of occupational disease (Article 21(g) of the Convention).

Article 15(c). Obligation of confidentiality regarding the source of complaints. The Committee notes that, in accordance with section 26 of the WCA, labour inspectors may only disclose the names of individuals submitting a complaint or reporting a contravention of the WCA and the provisions based on it, to their superiors in office, except where the individuals submitting a complaint or reporting a contravention have made a statement in writing to the effect that they do not object to their name being disclosed. Referring also to its comment under Convention No.155, the Committee requests the Government to transmit a copy of the relevant internal instruction of the labour inspectorate of 17 June 2008, which protects the anonymity of complainants.

Bonaire, St. Eustacius and Saba. The Committee notes from the Government’s report that on 10 October 2010, Bonaire, St. Eustacius and Saba became part of the Dutch polity and that the Netherlands Antilles no longer exist. The Government is confined to indicating that the Convention was not implemented in the Netherlands Antilles. The Committee notes that, given that Bonaire, St. Eustacius and Saba are now part of the Netherlands, the Conventions ratified by the Netherlands, including Convention No. 81, are fully applicable to them. The Committee therefore requests the Government, given the particularities of these parts of the Netherlands, to indicate the way in which the Convention is implemented in each one of them.