Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations made by the Netherlands Trade Union Confederation (FNV), received on 29 August 2014.

Article 2 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. Work and Income (Employment Capacity) Act. The Government indicates in its report that the annual number of people who qualify for disability benefits is less than 40,000 per year as opposed to 100,000 per year at the start of the millennium. It further indicates that in 2012, 42 per cent of the persons with less than 35 per cent incapacity were employed. In 2008, the employment level was 48 per cent. The Committee notes with interest that specific measures were agreed upon between the Government and the social partners in April 2013, including the implementation of best-practice preventive measures with regard to the “vangnetters” (people on flexible contracts among whom a high incidence of sickness leave is apparent). The FNV observes that many persons with disabilities with less than 35 per cent incapacity who do not receive any disability benefits are being dismissed before they find new and more suitable employment. The FNV is of the strong view that more measures need to be taken to support this group of persons with disabilities. It therefore proposes to extend the period of payment of wages and the protection against dismissal in case of illness for this category of workers. In addition, the FNV continues to be of the view that the 35 per cent threshold for workers to be eligible for benefits under the Work and Income (Employment Capacity) Act is far too high. The Committee requests the Government to provide information on the outcomes of the measures implemented to increase the employment levels of persons with disabilities, including “vangnetters”, into the labour market. Please also indicate the specific measures that have been adopted to facilitate the reintegration of persons with disabilities with less than 35 per cent incapacity.

Article 4. Positive measures. Participation Act. Disablement Assistance Act for Handicapped Young Persons (Wajong). The Government indicates that the Participation Act, adopted in 2014, enhances the role of municipalities in promoting the participation of persons with disabilities in regular employment. Municipalities can offer customized arrangements, including arrangements for care and welfare, for workers with disabilities. The Act also provides for the introduction of labour-cost subsidies to be granted by municipalities as well as the creation of sheltered jobs. The Committee notes that the Government and the social partners agreed on a schedule of net annual increase in jobs for persons with disabilities so as to reach 125,000 additional jobs in 2026. In this regard, it was also agreed to impose an obligatory quota if the required annual increases cannot be met. The Government indicates that since young persons with disabilities who are able to work are covered by the Participation Act, the Wajong Act only applies to young persons with disabilities who are permanently unable to work. The Government adds that the provision of benefits acquired prior to 2015 under the Wajong Act would not be affected by this reform. The FNV observes that young persons with disabilities, who until 2015 were covered by the Wajong Act, can keep most but not all the rights and benefits granted under the Act. It further states that all beneficiaries of the Wajong Act have to be reassessed, and that the benefits can be reduced by 5 per cent if the person has any capacity to work. The Committee requests the Government to provide information on the implementation of the Participation Act and on the agreement reached between the Government and the social partners to annually increase the number of jobs for persons with disabilities. Please also provide information as to the reintegration into the labour market of young persons with disabilities which were previously covered by the Wajong Act.

Article 7. Employment services for persons with disabilities. The Government indicates that the Parliament approved a reduction in the reintegration budget of the Institute for Employee Benefit Schemes (UWV) from 2014 onwards. It further indicates that, as a consequence of the entry into force of the Participation Act, the UWV will no longer be responsible for the reintegration of young persons with disabilities into the labour market. To help the employability of the existing group of young persons with disabilities entitled to Wajong benefits before 2015, the UWV will receive 95 million euros in the period 2015–19. The Committee notes the Government’s aim to intensify a labour market orientation in special education for persons with learning and behavioural difficulties. The Committee requests the Government to provide information on the impact of the elimination of the services offered by the UWV to help young persons with disabilities in their reintegration into the labour market and on the impact of any new measures taken in this regard.

[The Government is asked to reply in detail to the present comments in 2016.]