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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Netherlands (Ratification: 1988)

The Committee notes the observations by the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) received 31 August 2016.

Article 3 of the Convention. National policy. Regarding the practical application and enforcement of the Equal Treatment (Working Hours) Act, including any cases where family responsibilities have been considered an objective reason to discriminate against employees on the basis of their working hours, the Committee notes the Government’s statement that nothing has changed since the Equal Treatment Commission – now the Netherlands Institute for Human Rights (the Institute) – concluded that Act was working well in practice and achieving its objectives. The Government also indicates that in the case of possible discrimination, employees can ask the Institute for its opinion. The Government further reports that the number of requests during the period 2011–15 remained limited and that during the period 2011–April 2016, discrimination was found in two cases for reasons of birth and the raising of children or the wish to start a family in the future. Regarding judicial or administrative decisions relating to the “objective reason exception”, the Government indicates that it has no additional information in this regard. The Committee notes these explanations and encourages the Government to monitor closely the practical application and enforcement of the Equal Treatment (Working Hours) Act, so as to ensure that the criteria for the “objective reason exception” in the Act are strictly applied and workers with family responsibilities receive adequate protection against discrimination, in practice.

Article 4. Working-time arrangements. The Committee notes that the Act on Flexible Work entered into force on 1 January 2016 and grants the employee the right to change his or her total working hours or change the working schedule, which the employer can only refuse in case of serious economic or organizational consequences. The Act also allows the employee to ask permission to change workplace, which the employer can refuse after a discussion with the employee. The Committee notes the statistics provided by the Government regarding the research by the Institute which indicate the following percentage of employees working from home from time to time increased from 31 to 36 per cent during the period 2002–12; the number of hours worked from home increased during the same period from an average of six to eight hours a week; and men (39 per cent) more often work from home than women (32 per cent), as well as higher educated employees (55 to 66 per cent compared to only 25 per cent for lower educated employees). The most prevalent reasons are that employees want to finish their workload (43 per cent), combine work and care (12 per cent) or minimize travel time (11 per cent). The research also shows that working from home most often occurs in the “education” and “services” sectors. The share of employees that is allowed to work flexible hours has varied between 36 and 40 per cent during 2002–12. The Committee notes the concerns raised by FNV and CNV that the Act on Flexible Work does not apply to enterprises with fewer than ten employees, and that the Government indicates in this regard that there are no policies specifically addressing this group of employees. The Government also states that no statistics are available on these enterprises. Noting that the advice published in January 2016 by the Social Economic Council (SER) emphasized the importance of organizing time better and commended the adoption of the Act on Flexible Work, the Committee also encourages the Government to study and collect statistics in relation to enterprises with fewer than ten employees in relation to their own arrangements regarding the adjustment of the hours of work. The Government is also asked to provide information in this respect, as well as on any measures taken, together with the social partners, to encourage these enterprises to allow flexible working-time arrangements for workers with family responsibilities. The Committee also asks the Government to collect statistics on the number of men and women employed in enterprises with fewer than ten employees.

Article 7. Vocational guidance and training. The Committee recalls the need to improve the educational and training opportunities of women working part time, with a view to improving possibilities of full-time employment and job security of workers with family responsibilities. The Committee notes that according to FNV and CNV, women continue to be overrepresented in part-time work and temporary contracts with limited career prospects due to fewer educational and training opportunities. The Committee notes the information provided by the Government on the arrangements in the context of the project “Power on Tour” to raise awareness about economic independence and to stimulate women to work more hours, and on the lifelong learning policies aimed at improving educational and training opportunities for the adult population, including part-time workers. It notes in particular that in upper-secondary and higher vocational education, flexible and modularized learning pathways are being developed to make vocational education more accessible, and that in higher education, two-year associate degree programmes have been introduced which, according to the Government, help all adults, including part-time workers, to achieve new vocational qualifications. The Sectoral Education and Training Funds also support employers in finding and (partially) financing suitable training for their employees. The Committee asks the Government to continue to provide information on the measures taken, and the results achieved, to address the concentration of women in part-time work and to increase their possibilities for full-time employment. It also requests the Government to provide statistics disaggregated by sex on the participation of men and women part-time workers in lifelong learning activities, including the two-year associate degree programmes, and the vocational qualifications obtained.

Article 8. Protection against dismissal. The Committee notes the information provided by the Government in reply to its previous request for information regarding the practical application of section 670(7) of the Civil Code (which prohibits the employer from terminating a labour contract on the ground that the employee has exercised his or her right to leave entitlements.