Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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) and the National Federation of Christian Trade Unions in the Netherlands (CNV), received on 31 August 2016. It requests the Government to provide its comments in this respect.

Article 2 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. In its previous comments, the Committee requested the Government to provide information on the outcome of measures to increase the employment levels of persons with disabilities, including best practice preventive measures targeting vangnetters (persons with flexible contracts among whom there is a high incidence of sick leave). It also requested information on the specific measures adopted to facilitate the reintegration into the labour market of persons with disabilities with less than the threshold 35 per cent incapacity, who do not receive disability benefits. The Government refers in its report to the “social deal” agreed between the Government and the social partners in April 2013, concerning the creation of 125,000 extra jobs for persons with disabilities by 2026. The FNV and CNV state that this goal has proven difficult in times of high unemployment. They add that the number of newly created jobs includes the number of workers posted to employers from a social workplace, and represent the overwhelming majority of jobs for persons with disabilities. These postings are counted as new jobs, whereas the workers’ organizations point out that these workers were previously employed through the social workplace and are now simply posted to another employer, and that many of these jobs are short-term only. The FNV and CNV also express concern at the shortage of sheltered workplaces for those that cannot work in regular employment. The Committee notes the adoption of the Occupational Disability Act, which entered into force on 1 May 2015 and aims to increase the employment of persons with occupational disabilities who cannot earn the statutory minimum wage. The Government has identified three target groups for job-placing arrangements: those covered by the Sheltered Workplace Act; young persons between 18 and 27 years of age who are not fully incapacitated for work; and persons covered under the Act who cannot independently earn the statutory minimum wage. With regard to the reintegration of persons with less than 35 per cent incapacity, the Government indicates that there are no separate measures for this group who, as is the case with any other group covered by the Work and Income (Capacity for Work) Act (WIA), are entitled to 24 months of unemployment benefit. At the expiration of this period of time, if the situation remains unchanged, the relevant municipality is responsible for the person’s reintegration. The Committee notes that, according to the latest available figures from Eurostat, published in December 2014, the employment rate of persons with disabilities stood at 42.7 per cent in 2011, whereas across the European Union Member States, the Netherlands had one of the widest gaps between the employment rates of persons with disabilities and those without disabilities, at 37.4 per cent. The Committee reiterates its request that the Government provide information on the impact of measures such as the Participation Law and the Occupational Disability Act, to increase the employment levels of persons with disabilities, including available statistics, disaggregated by age and sex, on the number of jobs created under the 2013 social deal. The Committee also requests the Government to provide information on the measures adopted or envisaged to reduce the gap in the employment rate between persons with disabilities and persons without disabilities, and promote the inclusion of persons with disabilities in the Dutch labour market.

Article 4. Positive measures. Participation Act. Assistance Act for Young Persons with Disabilities (Wajong). The Committee notes the Government’s indication that implementation of the 2015 Participation Act will be systematically monitored and evaluated until 2019. The Government indicates that as of the first half of 2015, municipalities were implementing their local policies for young persons with work capacity, to promote the cooperation between schools and municipalities, and ensure a smooth transition from school to work. Regarding the impact of the Participation Act, it adds that information on the impact of the Participation Act is expected to be available in 2017. The Government indicates that the Participation Act enhances the role of municipalities to promote regular employment for persons with disabilities in regular employment and provides for labour-cost subsidies as well as for the creation of sheltered workplaces. The subsidy creates incentives for employers to employ persons with disabilities. Furthermore, municipalities and the social partners are to establish 35 regional partnerships that will form a new link between employers and people with disabilities. The Committee requests the Government to provide detailed information on the impact of the Participation Act and the social deal, including the number of young persons with disabilities placed in employment as a result of the Wajong Act.

Article 7. Employment services for persons with disabilities. The Committee requested the Government to provide information on the impact of the elimination of the services offered by the employee insurance agency (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 Committee notes that the Government indicates that, with the adoption of the Participation Act in 2014, municipalities became responsible for the activation of “able to work” groups, but that services for “not able to work” recipients remain unchanged. The decrease in the Wajong activation budget is due to the ending of the entitlement to a benefit under the Disablement Assistance Act for young persons (Wajong) for new Wajong beneficiaries with a labour limitation who are able to work. However, the service to the existing recipients remains unchanged. With the introduction of the Participation Act the municipalities became responsible for the activation of this group. The Committee requests the Government to provide information on the impact of the new measures adopted to help young persons with disabilities in their reintegration into the labour market.

Education and training opportunities for persons with disabilities. The Committee once again requests the Government to provide information on measures taken or envisaged to provide education and training opportunities for persons with disabilities with a view to increasing their levels of employment, including on the open labour market. In addition, it reiterates its request that the Government provide information on the impact of the elimination of services offered by the UWV to assist young persons with disabilities or reintegrate them into the labour market.