Employment Service Convention, 1948 (No. 88) - Netherlands (Ratification: 1950)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019. The Committee also notes the joint 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 18 August 2019 as well as the observations submitted with the Government’s report in 2019.

Articles 1, 3 and 6 of the Convention. Activities of the employment service and contribution to employment promotion. The Committee notes that in its 2019 report the Government indicates that in 2016 the employment services (UWV) adopted a new employment service program that provides personal employment services to unemployed individuals. The expected benefit and effectiveness of personal employment services for an individual is determined through a score based on a questionnaire (Werkverkenner) filled out by the individual during his/her application for unemployment benefits (WW). The Government highlights that those eligible for personal employment services will be appointed a personal work counsellor. Those considered ineligible will continue to receive the standard employment service through digital means. However, these unemployed workers could still be given access to these personal services if their personal work-counsellor deemed it beneficiary. The Government further indicates that the UWV runs 34 information points distributed regionally (Leerwerkloketten) specifically aimed at providing information about work-oriented education opportunities for both employed and unemployed individuals. The system also connects different regional partners and initiatives. The Committee notes that the FNV, the CNV and the VCP indicate, however, that the services are insufficiently accessible to those unemployed persons with a reasonable chance to resume work within the year and that according to a 2018 study, there has been a 30 per cent of cases of incorrect assessments. Furthermore, the services provided are mainly digital and only recently the UWV has received the means to ensure that unemployed workers will have face-to-face conversations with a personal work counsellor. The Federations further indicate that the quality of the services provided by the 34 information points varies greatly from among regions. The Committee notes the additional information provided by the Government concerning the role of the UWV in the implementation of the measures to contain and mitigate the negative impact of the COVID-19 pandemic. In this regard, the Government refers in particular to the NOW and TOFA schemes addressed to employees and workers in flexible contracts. The Government adds that all requests for benefits in the framework of those schemes have to be addressed to the UWV. The Committee requires the Government to reply to the observations submitted by the FNV, the CNV and the VCP and to provide updated information on the activities carried out by the employment service (UWV) in order to ensure “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2) of the Convention). The Committee requests the Government in particular, to continue to provide information on the specific measures taken by the UWV to cope with the consequences of the COVID-19 pandemic on the labour market. Please provide any relevant statistical information disaggregated by sex and age concerning the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by the offices (Part IV of the report form).

Articles 4 and 5 of the Convention. Participation of the social partners. Concerning its previous request for information on the manner in which the social partners are consulted, the Committee notes that according to the Government’s 2019 report, the Social Economic Council (SER) plays a central role as an advisory body for all matters concerning social policy, including those related to the UWV. Besides, the development and implementation of all public policy initiatives are shared with and reviewed by the social partners through the Labour Organisation (StvdA) a national consultative body integrated by the three major trade union federations and three employers’ associations in the country. The Committee notes in this regard, that FNV and the CNV welcome the measures taken by the Government to prevent the negative impact of the COVID-19 pandemic. The Committee notes, however, that in their 2019 observations the FNV, the CNV and the VCP refer to the limited possibilities of social partners to participate in the StvdA and that the advice provided by the SER is not taken into account by the Government. They further indicate that the SER is not monitoring the performances of the UWV. The Committee requests the Government to reply to the observations by the FNV, the CNV and the VCP and to provide specific details on the manner in which the employers’ and workers’ organizations are consulted, including through the Social and Economic Council and the Labour Organisation, on the organization and operation of the employment service and in the development of the employment service policy, particularly in the framework of the COVID-19 pandemic.

Article 7. Measures to meet adequately the needs of particular categories of applicants for employment. The Government indicated in its 2019 report that although the new organization of the UVW has decreased the need for an explicit policy focus on certain groups, work has continued in order to improve the labour position of young and older workers. For young workers, there is an increased focus on facilitating the transition from school to work. In this regard, the foundation for cooperation on Vocational Education, training and labour Market (SBB) connects educational institutions with relevant employers. Concerning older workers, the Government continues the plan of action to strengthen the position of those aged 50 and over in the labour market. The Committee requests the Government to continue to provide updated information on the activities carried out by the UWV with respect to young people and older unemployed persons, particularly in the framework of the COVID 19 pandemic. The Government is requested to provide statistical information that enables the Committee to assess the evolution of the participation of these specific groups in the labour market.

Article 11. Cooperation between the public employment service and private employment agencies. The Committee refers to its 2020 direct request on the application of the Private Employment Agencies Convention, 1997 (No. 181), and invites the Government to continue to provide information on the arrangements made to secure effective cooperation between the public employment service and private employment agencies.

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

Contribution of the employment service to employment promotion. The Committee notes the Government’s report received in August 2014 indicating that the public employment service (UWV) predominantly offers online employment services and concentrates its services in 30 regional service points. All 35 labour market regions are supported from these regional service points. Although the level of unemployment among young people in the Netherlands is relatively moderate as compared to other European countries, the Government indicates that its increase demands action. A joint approach has therefore been initiated in 2013 to tackle youth unemployment, in addition to the existing policies and measures to give young people a good start on the labour market. With regard to older unemployed persons, in 2012 the Government, in consultation with the social partners, decided to provide an extra budget of €67 million for measures to combat the unemployment of older persons. The Committee invites the Government to provide updated information on the activities carried out by the employment service with respect to young people and older unemployed persons and the manner in which it ensures “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2) of the Convention). It also invites the Government to continue to provide information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices (Part IV of the report form).

Articles 4 and 5 of the Convention. Participation of the social partners. The Government indicates that the change in legislation in 2012 led, as a consequence of the budget cut for the UWV, to the abolition of the Centres for Work and Income (CWI). The advisory and consulting function was no longer supported financially because other advisory councils, such as the Social and Economic Council in which employers and workers participate, can be consulted on employment matters. The Committee invites the Government to provide details on the manner in which the employers’ and workers’ organizations are consulted, including through the Social and Economic Council, in the organization and operation of the employment service and in the development of employment service policy.

Article 11. Cooperation between the public employment service and private employment agencies. The Committee refers to its 2014 direct request on the application of the Private Employment Agencies Convention, 1997 (No. 181), and invites the Government to continue to provide information on the arrangements made to secure effective cooperation between the public employment service and private employment agencies.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee takes note of the information contained in the Government’s report, received in August 2009, in reply to its 2007 direct request, and the comments provided thereon by the National Federation of Christian Trade Unions (CNV).

1. Contribution of the employment service to employment creation. Articles 1, 3, 7 and 8 of the Convention. The Committee notes that in 2008 the Centres for Work and Income (CWI) in the Netherlands directly placed 103,000 persons in new positions. Furthermore, jobseekers also benefited from CWI’s indirect assistance. Some 40 per cent of these placements were carried out through private employment offices acting as employers. The Government reports that combating youth unemployment is continuing and that measures to assist older unemployed workers for regaining access to the labour market have been implemented in cooperation with other government entities. The Committee welcomes continuing to receive information on the activities of the public employment service, and the results of special measures taken to address special categories of applicants, such as youth and older workers. The Committee also requests information on the measures taken within the various employment offices to facilitate specialization by occupations or industries in which such specialization may be useful.

2. Article 4. Participation of social partners. The Government reports that, while the introduction of the structure for implementation of work and income (SUWI) has entailed a change in the nature of cooperation between representatives of employers and workers in the employment service, and in the development of employment policy, cooperation is still ensured. The tripartite Council for Work and Income (RWI) has maintained its advisory function with regard to labour market policy on a decentralized level and, since the evaluations of 2005 and 2006, continues to act as a formal meeting point for employers/employees and the local communities. The CNV observes that, although the Government’s report might create the impression that the social partners’ interaction with the SUWI had been increased, this was not the case. Also, the referred to cases of progress were concentrated on RWI’s effectiveness and efficiency, but not on the allocation of responsibilities. The Committee stresses again the importance of involving social partners in developing an effective public employment service and in the development of employment service policy, and wishes to continue to receive information on the activities of such advisory committees in the organization and operation of the employment service and in the development of employment service policy.

3. Article 11. Cooperation between the public employment service and private employment agencies. The Government maintains that most of the regional offices of the CWI also include a representative from one or more private agencies, and the public employment agencies facilitate access to information on the private employment agencies. The Government reports that the services for matching offers and applications for employment by private employment agencies concentrate on issuance of temporary contracts on behalf of a user enterprise. In 2008, these agencies placed approximately 1,400,000 persons. Contracts had an average duration of 3.5 months. These agencies act as employers for the purposes of the law, and for collective labour agreements. The Government states that
4–5 per cent of vacancies are filled in this manner. The Committee refers to its comments made under the Private Employment Agencies Convention, 1997 (No. 181), and invites the Government to continue to provide information on the arrangements made to secure effective cooperation between the public employment service and private employment agencies.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the information contained in the Government’s report, received in August 2007, in reply to its 2005 observation, and the comments provided thereon by the National Federation of Christian Trade Unions (CNV).

1. Articles 1, 3 and 7 of the Convention. Contribution of the employment service to employment creation. The Committee notes that in 2006, 105,000 placements were made by the Centres for Work and Income (CWI) in the Netherlands while numerous other jobseekers also received indirect assistance from the CWI in securing placements. Forty per cent of the 105,000 placements made were undertaken through private employment offices. The Government reports that special measures have been put in place so as to combat youth unemployment, and to assist older unemployed workers in regaining access to the labour market. The Committee welcomes continuing to receive information on the activities of the public employment service, and the results of special measures taken to address special categories of applicants, such as youth and older workers. The Committee also requests information on the measures taken within the various employment offices to facilitate specialization by occupations or industries in which such specialization may be useful.

2. Article 4. Participation of social partners. The Government reports that the introduction of the structure for implementation of work and income (SUWI) has entailed a change in the nature of cooperation between representatives of employers and workers in the employment service, and in the development of employment policy; but that this change has insured such cooperation. The Government has also indicated that, following the introduction of the SUWI, a Council for Work and Income (RWI) was established in which employers, workers, and local communities are represented. The RWI serves as an advisory body with respect to labour market policy and social welfare. The Committee notes that following a series of evaluations, the RWI was reorganized into a slimmer, more focused organization, which is now concentrated on labour market policies, and serves as a formal meeting point for employers, employees and local communities. Furthermore, the Government reports that employers, workers, local communities, CWI and the Social Security Agency are represented in regional platforms for labour market policy, in which the Chamber of Commerce, sector and branch organizations, regional and provincial training centres may participate. The CNV submits that as financial stimulations regulation which previously provided for a regional labour market platform was suspended in 2003, it is concerned as to the continuing activities of the regional labour market platform. The Committee stresses again the importance of involving social partners in developing an effective public employment service, and wishes to continue to receive information on the activities of such advisory committees in the organization and operation of the employment service and in the development of employment service policy.

3. Article 11. Cooperation between the public employment service and private employment agencies. The Government reports that there is evidence of cooperation between public and private employment agencies. Most of the regional offices of the CWI also include a representative from one or more private agencies, and the public employment agencies facilitate access to information on the private employment agencies. The Government reports that the services for matching offers and applications for employment by private employment agencies concentrate on issuance of temporary contracts on behalf of a user enterprise. In 2005, these agencies made approximately 650,000 such placements, each with an average duration of three months. These agencies act as employers for the purposes of the law, and for collective labour agreements. The Government notes that 4 to 5 per cent of the share of employment is filled in this manner. The Committee refers to its observation on the Private Employment Agencies Convention, 1997 (No. 181), and invites the Government to continue to provide information on the arrangements made to secure effective cooperation between the public employment service and private employment agencies.

 

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report for the period ending in June 2004, including information on the new organization of the employment service as a result of the Work and Income (Implementation Structure) Act of 29 November 2001. It also notes the observations made concerning the report by the Trade Union Confederation of Middle and Higher Level Employees (MHP) and the National Federation of Christian Trade Unions (CNV). The Committee invites the Government to continue providing detailed information in its next report on the application of the Convention, as well as further indications on the following points.

1. Organization and functions of the employment service. The Government indicates that the new organization of the employment service includes basic services, which are provided by the 128 offices of the Centre for Work and Income, and reintegration services, which are the responsibility of employees’ insurance systems for persons in receipt of unemployment benefit and of municipalities for persons in receipt of national assistance benefits. The MHP claims that the unity of the former employment service, which incorporated in the same organization the activities of placement, reintegration, vocational training and the provision of benefits, has been lost. The Committee requests the Government to describe more precisely the manner in which, in the context of the new organization, a national system of employment offices under the direction of a national authority, as required by Article 2 of the Convention, discharges all the functions assigned to it by Article 6 of the Convention. The Committee also notes that the organization of the employment service will be the subject of an overall evaluation in 2006. It requests the Government to provide the results of this evaluation.

2. Cooperation of the social partners. The Committee notes that, according to the Government, the consultation structure has been considerably simplified with the establishment, on the one hand, of the Council for Work and Income and, on the other, of the network of regional labour market platforms, the composition of which is not restricted to the social partners. The MHP and the CNV indicate that these platforms are funded by the local authorities, with their role varying according to their location. The CNV considers that the role of the social partners, which was previously co-management, has been reduced to an advisory function in the new system. The Committee recalls in this respect that, under the terms of Articles 4 and 5 of the Convention, the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy has to be ensured through the establishment of one or more national advisory committees, and where necessary regional and local committees. It requests the Government to describe the measures adopted or envisaged to give full effect to this important provision of the Convention in the context of the new organization of the employment service.

3. Cooperation between the public employment service and private employment agencies. The Committee notes that, with a view to facilitating a rapid return to employment, temporary employment agencies are present in most of the offices of the Council for Work and Income. The Committee requests the Government to provide detailed statistical information on the number of placements made by the public employment service and by private employment agencies, respectively, with an indication of the nature of the contracts offered in the context of these placements.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report. It notes, in particular, the adoption of the Employment Service Act of 28 June 1990. Section 79 of the Act contains a provision according to which the public employment office provides its placement service free of charge, but may request reimbursement for costs incurred at the express request of the employer or the applicant for employment. The Government indicates in the report that a charge is made for extra (additional) services provided over and above the normal activities of the organization. The Committee would be grateful if the Government would supply, in its next report, detailed information on the new situation regarding the public employment service, indicating, in particular, the additional services which are not provided free of charge, in order to enable the Committee to assess the implementation of the Convention which provides that the public employment service shall be free of charge (Article 1, paragraph 1 of the Convention).

The Committee also notes that, according to sections 23 and 35 of the above-mentioned Act, the officials of the employment service staff are employed on the basis of a contract of work under the civil law. The Government states that the officials of the employment service staff do not therefore enjoy the status of civil servants, though the regulations for civil servants with respect to sickness, incapacity for work and unemployment apply to the staff. The Committee asks the Government to indicate, in its next report, whether the status and the conditions of service of the officials of the employment service staff are such that they are independent of changes of government and of improper external influences and, subject to the needs of the service, are assured of stability of employment, as required by Article 9, paragraph 1.