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

Maternity Protection Convention, 2000 (No. 183) - Netherlands (Ratification: 2009)

Article 3. Health protection measures. Article 1.41 of the Working Conditions Decree (Arbeidsomstandighedenbesluit) states that special attention should be given to the risk assessment and evaluation of the non-exhaustive list of agents, processes and working conditions for pregnant and nursing women mentioned in Annex I of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. Article 1.42 states that the employer should organize the work of pregnant and nursing women, as well as the workplace, in such a way that the work shall not constitute any hazard to their health and safety or have any negative effect on the pregnancy and nursing. If compliance with these measures is not reasonably possible, the woman shall be given other work or even temporarily released from her work. The Committee asks the Government to indicate whether consultations have been held with the representative organizations of employers and workers on these matters, what procedures were put in place for the assessment of health risks, and how the findings of such assessments are brought to the knowledge of the women workers concerned.

Article 6(6). Benefits financed out of social assistance funds. Please indicate whether benefits are paid out of social assistance funds to women who do not meet the conditions to qualify for the statutory maternity cash benefits.

Article 8(1). Employment protection. The Committee notes that dismissal of pregnant women is prohibited during pregnancy, except during the probationary period or due to an urgent cause unrelated to pregnancy (Civil Code, sections 7: 670,2 and 670b,1), which is detailed in sections 678 and 679 of the Civil Code. The Committee requests the Government to provide information on whether pregnancy can be invoked as a reason to end the employment relationship of a woman during the probationary period.

Article 9(1). Access to employment. According to the Government’s report, there are persistent indications that pregnancy or the fact that a woman has a small child, might be a cause for not employing her or not renewing her fixed-term contract. The Equal Treatment Commission is carrying out a study on this issue and its findings will be published in 2011. The Committee would be grateful if the Government would explain the findings and recommendations of this study in its next report and indicate whether there are any strategies the Government intends to adopt with a view to following up the findings of the above study.