Direct Request (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).

Comparing work of equal value beyond the level of the same company or enterprise. The Committee recalls that the equal treatment legislation only allows for comparison of wages between men and women within the same company. The Committee notes the Government’s statement, referring to a decision of the Court of Justice of the European Union regarding Article 141(1) of the Treaty establishing the European Community, that it is not impossible for the equal pay principle to be tested by the national courts or the Equal Treatment Commission (ETC) by comparing the employment situation of a female employee and a male employee where they work for different employers. The Government further considers, however, that differences may exist between companies and that it is within each company that there should be equal treatment. The Committee notes that VNO–NCW also considers that differences exist between enterprises, even if in each enterprise men and women must be treated equally. The Committee recalls that the reach of comparison between jobs performed by women and men should be as wide as possible, in the context of the level at which wage policies, systems and structures are coordinated. Where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment will be insufficient; the possibility to look outside an enterprise for appropriate comparisons should therefore exist, where necessary. The Committee asks the Government to provide information on any wage discrimination cases addressed by the courts or the ETC allowing for a comparison to be made between the situation of a female employee and a male employee beyond the level of the same enterprise. Please also provide information on whether any measures are being considered to allow for appropriate comparison beyond enterprise level in those cases where the possibilities for comparison at the enterprise or establishment are insufficient, for example, because women are more heavily concentrated in certain sectors or occupations.

Promotion of the principle through objective job evaluation. Regarding the manner in which companies without a job evaluation system determine pay free from gender bias, the Committee notes the Government’s statement that the principle of equal remuneration has been enacted into law and that, in general, employers should verify whether their job evaluation systems are sufficiently transparent or whether unequal remuneration exists in the enterprise. The Government also states that the social partners have an important role in this regard and that various tools have been developed to support employers and social partners to comply with the principle of equal remuneration. With respect to the meaning of the terms “male positions” and “female positions” that are “more or less comparable” used in the Gender-Neutral Job Evaluation Manual, the Government reiterates the equal pay provisions (sections 2(7) and (8)) of the Equal Treatment in Employment (Men and Women) Act and adds that the criterion should always be whether the employees in question could be considered to be in a similar situation, based on a series of objective factors such as the nature of the work, the qualifications required and the conditions in which the work is actually carried out. FNV considers, however, that legislation is not sufficient to ensure that companies that do not have a job evaluation system use objective criteria for determining pay free from gender bias, and that more proactive measures are required to address the gender pay gap. The Committee asks the Government to indicate the measures taken, in cooperation with the social partners, to raise awareness about and promote more widely the use of the various tools that assist employers in developing objective job evaluation systems and determining rates of remuneration without gender bias. Please also indicate any other measures taken or envisaged to monitor differences in remuneration between men and women in enterprises that have no job evaluation system.

Equal remuneration with respect to pension schemes. The Committee recalls the need for corrective action to compensate women who were previously excluded from participating in pension schemes, and to address the limited participation of women in supplementary pension schemes. The Committee notes that a 2007 inventory of the numbers of employees without any supplementary pension was made available on 21 December 2009, and revealed that 10 per cent of employees fell into this category. The Committee further indicates that consultations are being held about the outcome of the inventory but that no conclusions or measures have yet been reached or taken. The Committee asks the Government to continue to provide information on how equal remuneration is ensured with respect to pension schemes and to provide any information on the outcome of the consultations with the social partners, and the measures taken to improve the participation of women in supplementary pension schemes.

Pay structures. Flexible pay systems, performance pay and long pay scales. The Committee notes from the Government’s report that according to the Council for public sector employees (ROP) the situation on equal remuneration in the public sector is not yet clear and that a full response will be provided after the ROP has studied the survey to be carried out by the Ministry of Interior and Kingdom Relations. The Labour Foundation has indicated that the recommendations from the CLOSE (Correction of Wage Gap in Sectors) project have been submitted to parties negotiating collective agreements and that employers’ and workers’ organizations are also providing individual support during salary negotiations and to works councils. According to the Labour Foundation, it is up to enterprises and parties to decentralized collective agreements to make use of the tools developed for this purpose. The Committee hopes that the Government will soon be able to provide information on the evolution of the pay structures in the public sector, and asks the Government to indicate any measures taken or envisaged, in cooperation with the social partners, to monitor the application of the principle of equal remuneration for men and women for work of equal value in the context of negotiations on flexible pay systems, performance pay and long pay scales.

Additional measures to promote the principle of equal remuneration for work of equal value. The Committee notes that FNV considers that the legislative protection regarding equal pay is insufficient to address the overall gender pay gap and, referring to a report “Women’s rights, some progress, many gaps”, suggests that more proactive action could be taken to address the gender pay gap. Such action could include further research, an equal pay campaign, assessing the results of the enforcement of the equal pay provisions by the Labour Inspectorate, and requiring the development of an equal pay policy when providing Government support to financial institutions (banks or insurance companies) as the pay gap is significant in this sector. The Committee asks the Government to provide information on any measures taken or envisaged to follow-up some or all of these recommendations, and the results achieved.