Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Netherlands (Ratification: 1993)

The Committee notes the observations submitted by the Netherlands Trade Union Confederation (FNV) in a communication received on 28 August 2014.

Article 1 of the Convention. Protection against acts of anti-union discrimination other than anti-union dismissal. The Committee had previously requested the Government to provide information on any progress made to ensure a comprehensive protection against acts of anti-union discrimination other than dismissal (already existing) of both trade union members and representatives (that is protection against prejudicial acts during employment such as transfer, relocation, demotion or deprivation or restriction of remuneration, social benefits or vocational training; and protection in recruitment). The Committee notes that the Government refers to the protection against anti-union discrimination in recruitment and selection afforded by: (i) a code of conduct, the Recruitment Code of the Dutch Association for Personnel Management and Organization Development (NVP), and the related complaints procedure, whereby an employee who has a complaint regarding a selection or recruitment procedure may refer to the NVP Recruitment Code’s Complaints Committee or can submit a request to court to claim compensation; (ii) the supervision by the Dutch Data Protection Agency of compliance with acts regulating the use of personal data such as the Data Protection Act; and (iii) the employer’s obligation to be a good employer (section 7:611 of the Civil Code). The Committee requests the Government to provide details on the complaints and procedures on anti-union discrimination in recruitment as well as on the outcome of the proceedings.

Furthermore, noting the absence of information concerning the protection against acts of anti-union discrimination during employment (other than dismissal), the Committee once again invites the Government to initiate discussions with the most representative employers’ and workers’ organizations with a view to broadening the protection against acts of anti-union discrimination of both trade union members and representatives.

Article 4. Promotion of collective bargaining. The Committee had previously requested the Government to provide information on the outcome of the judicial process initiated by the FNV-affiliate FNV KIEM against the Government due to an opinion published by the Netherlands Competition Authority (NMA) discouraging collective bargaining on the terms and conditions of contract labour (that is work performed by individuals who do not necessarily work under the strict authority of the employer and who may have more than one workplace). The Committee notes that the Government indicates that preliminary rulings have been requested of the Court of Justice of the European Union, that the procedure is still ongoing and that no judgment has been pronounced. The Committee requests the Government to provide information in its next report on the outcome of the judicial process.