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

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 Netherlands Trade Union Confederation (FNV).

Assessment of the gender pay gap. The Committee recalls that various studies and research have been undertaken on differences in remuneration and the underlying causes of the uncorrected gender pay gap, which remained relatively high. The Committee notes the Government’s indication that the information provided by Statistics Netherlands on the uncorrected difference is based on the gross hourly wage and that the corrected difference is calculated on a number of characteristics such as gender, age and education. This resulted in an uncorrected gender wage gap in 2010 of 13 per cent in government and 20 per cent in industry; after correction a difference of 7 and 8 per cent remained in industry. The Government considers, however, that a difference after correction does not mean that discrimination exists as some differences cannot be measured, such as those related to ambition. The FNV points out, however, in this regard that the difficulties for women to be promoted to better paid positions cannot be explained only by their assumed lack of ambition, but rather indicate the existence of a glass ceiling. The Committee asks the Government to cooperate with the social partners, in identifying and implementing any additional measures that need to be taken to address the gender pay gap, including measures to address vertical occupational segregation and to ensure that the part of the difference in remuneration that is due to discrimination based on sex is accurately examined and addressed. Please also provide the results of any relevant research or studies undertaken in this regard and the solutions proposed. Please 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.

Articles 2 and 3 of the Convention. Wage setting and determining value. The Committee recalls its previous comments in which it addressed issues relating to the scope of comparison of work of equal value beyond the level of the same company or enterprise, the promotion of the use of objective job evaluation systems free from gender bias, the evolution of pay structures in the public sector, and measures to monitor the application of the principle of equal remuneration for men and women for work of equal value in the context of flexible pay systems, performance pay and long pay scales. The Committee notes the general reply of the Government that it will not take any further action before the Social and Economic Council (SER) has published its advice on discrimination in the labour market. In addition, the Committee notes that, with respect to measures to allow for appropriate comparison beyond enterprise level, the VNO–NCW expresses the view that the objective to eliminate wage discrimination between men and women should not be extended beyond company level as different companies and different sectors have different wage levels and structures, based on their competitiveness and labour market position. The Committee also notes that the Government provides only general information on the number of cases on wage discrimination addressed by the courts in 2011 and by the Equal Treatment Commission (now incorporated in the Institute for Human Rights (CRM)) in 2012 (ten and four, respectively). The Committee wishes to reiterate 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. Noting that the advice of the SER was expected by the end of 2013, the Committee trusts that the Government will be able to take action on the issues addressed in its previous direct request and provide detailed information on the following:

• (i) any measures taken or envisaged 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;
• (ii) details of the nature and outcome of wage discrimination cases addressed by the courts or the CRM, including those that specifically allow for a comparison to be made between the situation of a female employee and a male employee beyond the level of the same enterprise;
• (iii) any measures taken or envisaged to promote widely the existing tools on objective job evaluation, and to monitor differences in remuneration between men and women in enterprises that have no job evaluation system;
• (iv) 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; and
• (v) the evolution of the pay structures in the public sector.

Equal remuneration with respect to pension schemes. The Committee notes the statistics provided by the Government on the participation of male and female workers without a pension in the second pillar (“white workers”) employed with companies without a pension scheme from the employer (“white employers”) indicating that no major differences exist between men and women employed with “white employers” (23 per cent men and 22 per cent women). The Committee asks the Government to provide information on the outcome of the consultations with the social partners to improve the participation of women in supplementary pension schemes.