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

Equal Remuneration Convention, 1951 (No. 100) - Netherlands (Ratification: 1971)

The Committee notes the observations on the Government’s report by the Confederation of Netherlands Industry and Employers (VNO–NCW) and the Federation for Small and Medium-sized Business (MKB–NL), as well as the communication of the Netherlands Trade Union Federation (FNV).

Measures to address the wage gap and differences in remuneration of part time workers. The Committee recalls its previous comments noting an average gender wage gap of 18 per cent and the need for targeted action to address the gender wage gap given that in the present national context men are usually working full time and women part time, and that some provisions in collective agreements excluding part-time workers from receiving certain bonuses, lead to inequalities between men and women. In this connection, the Committee had noted that various studies and research indicated that equal pay should be addressed in a wider context and that a Task Force Part-Time Plus had been established with the aim of making it easier for workers to combine work and care responsibilities and to encourage women, who wish to work more hours, to do so. Research undertaken on differences in remuneration and its underlying causes in various sectors had also indicated that the uncorrected difference in remuneration remained relatively high. Other research on the extent to which differences in remuneration could be tracked back to emancipation, discrimination, and sociological or economical factors was expected to propose solutions for addressing remuneration differences. The labour inspectorate was also undertaking research on differences in remuneration.

The Committee notes that the Task Force Part-Time Plus presented its final report on March 2010. It contained recommendations on how to increase the level of participation of women in the labour market with a view to reducing pay differences, and these have been brought to the attention of the social partners. The Government states that assessing the impact of the Task Force will require the monitoring, among others things, of collective agreements regarding flexible work arrangements. The Committee notes that the FNV reaffirms that part time work is a well-known cause of the gender pay gap and states that the Task Force Part-Time Work Plus recommended that tax policies that support women to work more hours should be more widely reported and that the Government should explore how Dutch fiscal and income legislation supports or undermines women working more paid hours; legislation should also be improved where necessary. Other recommendations included exploring the possibilities of better paid parental leave and improving childcare, during school periods as well as holidays, and enabling working people to exercise the legal right to work within flexible working hours. The FNV agrees that the social partners should be involved in implementing these recommendations but states that the Government has to take action where it is the most obvious and appropriate actor. With respect to research by the Labour Inspectorate on differences in remuneration, the FNV criticizes the methodology used in assessing the part of the gender pay gap that is due to discrimination between men and women. The FNV suspects that discrimination is more important in influencing the gender pay gap than is acknowledged by the Government, and notes that the fact that the gender pay gap is greater in the higher echelons is left unexplained.

The Committee asks the Government to indicate the measures taken to implement, in cooperation with the social partners, the recommendations of the Task Force Part-Time Plus, including an assessment of their impact on reducing differences in remuneration between men and women relating to part-time work. The Committee also asks the Government to provide the results of any other research or studies undertaken regarding differences of remuneration and the solutions proposed, as well as indicating any action undertaken to monitor provisions in collective agreements concerning flexible working hours. The Government is also requested to provide information on the methodology used by the Labour Inspectorate to assess the gender pay gap, including the part that is due to discrimination based on sex. Please also continue to provide information, including statistics, on the evolution of the gender pay gap in the public and private sectors, covering full-time and part-time workers.

The Committee is raising other points in a request addressed directly to the Government.