Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Netherlands (Ratification: 1962)

The Committee notes the Government’s report and replies to its previous comments, as well as the observations made by Netherlands Trade Union Confederation (FNV) dated 30 August and 16 September 2013. As these observations relate to the sickness benefit, the Committee considers them under the Medical Care and Sickness Benefits Convention, 1969 (No. 130), also ratified by the Netherlands.

Part VIII of the report form. Maternity benefit. Articles 49 and 52 of the Convention. According to the Government’s 44th report on the European Code of Social Security, maternity care is provided for mother and baby for up to ten days after childbirth. There is no cost sharing for maternity care on medical indication. According to the Government’s reply to the Committee’s previous observation in this respect, all medical care related to childbirth is covered in the basic coverage. The Committee would like the Government to substantiate these contradictory statements by reference in both cases to concrete provisions of the national legislation. The Committee wishes to recall in this respect that the contingencies covered by Part VIII include pregnancy and confinement and their consequences, and that medical care in case of consequences shall be provided free of charge until restoring the health of the woman concerned.

Part XI. Standards to be complied with by periodical payments. Articles 65 and 66. The Committee notes that the Governmental Committee of the European Social Charter and the European Code of Social Security of the Council of Europe (127th Session, May 2013) has requested the ILO to undertake a comparative study on the methodology for determining the reference wage of the standard beneficiary used by the ratifying countries for the calculation of the replacement rate of benefits. The Committee hopes that this study will be carried out early in 2014 and will permit the Committee to better assess the application of Part XI of the report form and the Code in the changed economic and labour market conditions in the European countries. The Committee will consider the information supplied by the Dutch Government concerning the methodology for determining the reference wage of the skilled and unskilled worker in the light of this study.