Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Netherlands (Ratification: 1978)

The Committee notes the observations of the National Federation of Christian Trade Unions (CNV), the Netherlands Trade Union Confederation (FNV) and the Trade Union Federation for Professionals (VCP) received on 28 August 2018. The Committee requests the Government to provide its comments in this respect.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government regarding the tripartite meetings held between 1 June 2012 and 1 June 2018 to discuss matters related to international labour standards. The Government indicates that, during this period, three regular tripartite meetings were held each year and that several technical meetings and tripartite consultations took place regarding the submission or ratification of the Maritime Labour Convention, 2006 (MLC, 2006), the Work in Fishing Convention, 2007 (No. 188) and the Protocol of 2014 to the Forced Labour Convention, 1930. In its observations, the FNV observes that tripartite dialogue should be a meaningful consultation process with the Government and the employers’ organization. The FNV alleges that the Government has shown an uncooperative attitude in relation to the examination of the prospect of ratification of ILO Conventions, referring by way of example to the consultations on the ratification of the Chemicals Convention, 1990 (No. 170), the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) and the Occupational Cancer Convention, 1974 (No. 139) which took over ten years. The Government provides information regarding a series of advisory reports issued by the Social and Economic Council of the Netherlands (SER) to the Dutch Government upon request. It adds that, each year, the Labour Foundation prepares an annual report entitled “Contribution of the Dutch Social Partners”, which is added as an appendix to the National Reform Programme. The report outlines the social partners’ main contributions towards meeting the headline targets of the Europe 2020 Strategy, arrived at in consultation between the Labour Foundation and the SER. Overall, the FNV, CNV and VCP positively assess the tripartite consultation process, with the exception of procedures concerning reporting on ILO Conventions under article 22 of the ILO Constitution. In this respect, the FNV, CNV and VCP maintain that their right to comment on Government reports is curtailed, as they receive the Government’s comments late and they have little time to react. They indicate that, although the Government orally agreed to come up with a proposal with regard to the time frame for providing comments, the proposal has not yet been produced. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters covered by Article 5 of the Convention.