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

Home Work Convention, 1996 (No. 177) - Netherlands (Ratification: 2002)

Article 3 of the Convention. National policy. Further to its previous comment, the Committee notes the Government’s indication that it does not conduct an autonomous home work policy even though it has a policy on teleworking, which, in the Government’s view, is explicitly excluded from the scope of the Convention. The Committee wishes to recall, in this respect, that while it is true that the Convention does not apply to persons with employee status who occasionally perform their work as employees at home rather than at their usual workplaces, teleworking as a permanent arrangement, whether full-time or part-time – and not alternating with office-based work – is clearly covered by the definition of the term “home work” set out in Article 1(a) of the Convention. In addition, the Committee notes that the Government’s report does not reply to any of the comments previously made by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation for Middle and Higher Level Employees (MHP), all indicating that a specific policy on home work is required in view of the growing incidence of telework and home work and problems of enforcement of homeworkers’ rights. Recalling once again that the Convention requires ratifying members to adopt, implement and periodically review, in consultation with the social partners, a national policy on home work, the Committee requests the Government to specify whether any consultations have so far been undertaken on this matter and to keep the Office informed of any further developments regarding the possible adoption of a national home work policy. The Committee also requests the Government to provide its response to the observations of the FNV, the CNV and the MHP.

Article 4. Equality of treatment between homeworkers and other wage earners. Noting the Government’s clarifications about the distinction between homeworkers and domestic workers, the Committee requests the Government to confirm that homeworkers are entitled to the same maternity protection coverage as other wage earners and to specify any relevant legal provisions in this regard.