Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Netherlands (Ratification: 1988)

The Committee notes the Government’s report received in August 2012, which includes replies to its 2010 direct request and to the comments raised by the Netherlands Trade Union Confederation (FNV). It also notes the new comments by the FNV, forwarded to the Government in September 2012, as well as the comments by the Union Federation for Professional and Managerial Staff (MHP) and the Confederation of Netherlands Industry and Employers (VNO–NCW) of August 2012.

Article 2 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. Implementation of the Work and Income (Employment Capacity) Act (WIA). In reply to the previous comments, the Government indicates that the evaluation of the WIA showed that the number of people claiming disability benefits decreased by 71 per cent between 1999 and 2009. Such a decrease was not accompanied by an increase in the number of persons claiming unemployment benefits or social assistance. Therefore, according to the Government, the policy has effectively led to a greater number of people remaining in the labour market, thus contributing to the realization of a more inclusive job market. The Government recalls that 35 per cent is the limit agreed upon by the social partners and established under the WIA to be eligible for disability benefits. For persons with less than 35 per cent incapacity, solutions need to be established at the industrial/organizational level. The Committee notes the statistics provided by the Government on the employment of persons whose level of incapacity is more or less than 35 per cent. With regard to persons with less than 35 per cent incapacity, while an increase in the employment levels was registered among those who became disabled while in permanent employment (around 60 per cent were employed in 2009), the trend was less favourable for those who became disabled when they were not in permanent employment (approximately 35 per cent were employed in 2009). The Government indicates that in April 2012 it put forward proposals to Parliament to change the law in order to reduce long-term absence due to illness in the group of persons with less than 35 per cent incapacity and to stimulate speedy resumption of work. The Committee notes the FNV’s comments that two important reasons for the decrease in the number of people claiming disability benefits are the Eligibility for Permanent Incapacity Benefit (Restrictions) Act, which increases the period of sickness benefits to two years, and the large percentage of persons with less than 35 per cent incapacity. The FNV further indicates that it finds the results of the national policy for the latter group inadequate and no longer supports the 35 per cent threshold. Observing that less than 20 per cent of persons who became disabled while not in permanent employment were still employed after three years, the FNV stresses the importance of the sustainability of employment of persons with disabilities. The MHP also states that the Government is downgrading policy measures for increasing the chances of persons with disabilities to participate in the labour market. Following the implementation of the WIA, no policy exists for persons with less than 35 per cent incapacity. The Committee further notes VNO–NCW’s indication that better figures are needed to assess the impact of the employment measures on persons with less than 35 per cent incapacity who became disabled when they were not in permanent employment. The VNO–NCW indicates that, instead of changing the law to reduce long-term absence due to illness in persons with less than 35 per cent incapacity, it supports the establishment of a working group to draw up practical solutions to reintegrate this group into work as soon as possible. The Committee requests the Government to provide in its next report information on the impact of the WIA on effectively increasing long-lasting employment opportunities for persons with disabilities.

Article 4. Implementation of the Disablement Assistance Act for Handicapped Young Persons (Wajong). In reply to the Committee’s comments, the Government indicates that 25 per cent of all young persons with disabilities (Wajongers) are working. The number of working Wajongers gradually increased from 47,600 in December 2009, to 50,400 in December 2010 and 52,500 in June 2011. According to the Government, this means that employers are willing to give persons with disabilities an opportunity to work according to their capacity. The Government further indicates that in June 2011, for the first time, the number of Wajongers working in regular employment was higher than that of Wajongers working in sheltered employment. The FNV indicates that the employment of Wajongers was 25 per cent even before the introduction of the Wajong. It considers that the Government has not developed enough policies and instruments to encourage employers to employ Wajongers and that policies adopted are not effective enough to create permanent employment opportunities for Wajongers. The FNV adds that in 2010, the funding for coaching was reduced from 15 to 10 per cent and the unlimited duration was reduced to three years. The Committee requests the Government to continue to provide information on the impact of the Wajong and the funding reduction on effectively increasing long-lasting employment opportunities for young persons.

Article 7. Services offered to persons with disabilities by the Institute for Employee Benefit Schemes (UWV). In reply to the Committee’s comments, the Government indicates that employees who have less than 35 per cent incapacity and are not fully working may be able to claim unemployment benefits from the UWV. The Government indicates that regular services offered to unemployed persons also apply to this group of persons with disabilities. Following a budget reduction to the UWV for supporting unemployed persons, emphasis is given to the greater responsibility of unemployed persons to access digital services (e-coaching). Face-to-face contact is only used when strictly necessary. The services offered to unemployed persons last 12 months. The FNV indicates that the electronic services (e-services) provided by the UWV are described by many as insufficient. The Committee also notes MHP’s comment that the UWV has no longer any resources available to provide intensive guidance to persons with disabilities to enter the labour market. The Committee requests the Government to provide information on the impact of the funding reduction of the services offered by the UWV to increase employment opportunities for persons with disabilities.

Education and training opportunities for persons with disabilities. In reply to the Committee’s comments, the Government indicates that the policy to prevent youth unemployment is aimed at facilitating labour market transition. Special education is provided to pupils with learning and behavioural difficulties. Schools for practical and special education may apply to the European Social Fund for support towards activities that help school-to-work transition. The FNV indicates that no budget is available for schooling, retraining or other more intensive instruments for the reintegration of persons with disabilities in the labour market. The Committee requests the Government to include in its next report information on measures to enhance education and training opportunities for persons with disabilities. Please also provide information with respect to the budget issue raised by the FNV.