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

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

The Committee takes note of the supplementary information provided by the Government and the social partners 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, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions in the Netherlands (CNV) and the Trade Union federation for Professionals (VCP) joint to the Government’s report.

Persons with disabilities and COVID-19. The Committee notes that in its supplementary information the Government acknowledges that the pandemic has put persons with disabilities under further pressure. The Government is closely monitoring the situation and aims at using the emergency packages to mitigate as much as possible the negative impact of the pandemic on persons with disabilities. The Committee requests the Government to continue to provide information on the concrete impact of the pandemic on the employment situation of workers with disabilities and the diverse measures and benefits that were made available to them to cope with it.

Articles 2 and 4 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee had previously requested the Government to provide information on the impact of measures such as the Participation Act and the Occupational Disability Act to increase the employment levels of persons with disabilities and to reduce the gap in the employment rate between persons with disabilities and persons without disabilities. The Committee notes that the Government indicates in its report that with the implementation of the Participation Act, young persons with disabilities but with capacity to work who in the past would have been covered by the Young Disabled Act (Wajong) and thus under the authority of the Employee Insurance Agency (UWV) fall now under the authority of the municipal authorities. The Government further indicates that the Participation Act was accompanied by the Job Agreement between the government and the social partners for the creation every year of a specific number of jobs for persons with disabilities until 2026. In accordance with this agreement, employers in the public and private sector would create respectively 25,000 and 100,000 jobs for people with disabilities by 2026. If they do not meet this objective, the Government has the option of activating a legally binding quota. The Government further indicates that the procedure to implement the agreement has been simplified and the private and public sectors are now considered as one. The Committee notes that the effects of the Participation Act on the employment opportunities for persons with disabilities would be evaluated at the end of 2019, but that so far, the monitoring showed that since the implementation of the Participation Act the number of young persons with disabilities placed in employment had increased every year since 2015. The Government indicates that in order to foster the employment of persons with disabilities, since 2018, those that used to receive an unemployment benefit and resume employment, continue to receive their unemployment benefit for the first five years. The Committee notes, however, that the FNV, the CNV and the VCP argue that there is a high number of persons with disabilities that no longer fall under the Assistance Act for Young Persons with Disabilities (Wajong) but have not been provided with enough support from the municipalities. They are deprived from any benefit and unable to reintegrate the labour market. They also indicate that the modification of the system has translated the pressure from the private to the public sector. Furthermore, they indicate that employers have the possibility to buy off their obligation to create jobs for workers with disabilities. The Committee requests the Government to continue to provide information on the impact of the implementation of the Participation Act and the Job agreement in the creation of jobs for persons with disabilities, particularly in light of the observations of the FNV, the CNV and the VCP as well as on the results of the evaluation carried out in 2019 of the Participation Act. The Government is also requested to provide statistics disaggregated by age and sex on the number of persons with disabilities covered by the Act as well as on their rate of participation in the labour market.

Article 4. Positive measures. Participation Act. Assistance Act for Young Persons with Disabilities (Wajong). The Committee notes that in reply to its previous request the Government indicates that with the entry into force of the Participation Act, the Young Persons with Disability Act (Wajong) is no longer applicable to persons with work capacity. However, those existing Wajong recipients (before the introduction of the Participation Act) with employment opportunities and the young people with a disability who are permanently unable to work remain under the services of the UWV. The Government indicates that the UWV has been granted additional resources for the professionalization of labour experts and intensive services advisers. By the end of 2017, of the 245,800 persons that fell under the Wajong Act (Wajongers), 115,200 persons had the ability to work. By the end of 2017, 59,200 of these persons were effectively working; 1,400 more than a year earlier. The Government adds that the share of working Wajongers rose to 24.7 per cent of the total Wajong population at the end of 2017. The Committee notes that the FNV, the CNV and the VCP indicate, however, that the new rules should not lead to a deterioration of the income security of young persons with disabilities. The Committee requests the Government to continue to provide information on the implementation of the Young Persons with Disability Act (Wajong) including statistics concerning the number of young persons with disabilities covered and the number of these persons that are in employment, disaggregated by sex and age and nature of disability.

Article 7. Employment services for persons with disabilities. The Committee previously requested 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. The Government indicates that with the Participation Act the municipal authorities have new services at their disposal to offer to persons with disabilities in order to increase their employment opportunities. Besides the earlier mentioned jobs agreement which aims to stimulate employers to hire persons with disabilities, the municipal authorities offer structural labour costs subsidies (LKS), job coaches, and sheltered employment for those that are not able to work in a regular labour market setting. In this regard, the Government indicates that there has been a rise in the usage of services. By the end of 2018, almost 200,000 persons had received support (a rise of 23 per cent compared to before the introduction of the Participation Act in 2015). This rise can partly be explained by the fact that the usage of LKS has risen to almost 20,000 at the end of 2018. With respect to “Sheltered Employment” a similar pattern is observed. In September 2018, municipal authorities offered this service to slightly more than 2,000 persons. The Committee requests the Government to continue to provide information on the different measures taken by the Government and the municipalities in application of the Participation Act to improve the services provided to young persons with disabilities to help them in their reintegration to the labour market.

Education and training opportunities for persons with disabilities. The Government indicates that besides the new services provided in the framework of the Participation Act, municipal authorities can offer other services ranging from social activation, job interview training, and vocational training to adjust to the workspace, as well as provide other employability tools. To improve the monitoring information on the kind of services provided to the people under the municipal authorities, Statistics Netherlands (CBS) recently introduced a new directive to the municipalities (“SRG Richtlijn 2019”) which enables better distinction between educational and training services and other kinds of services. Over the next years, more information about the education and training opportunities should become available to persons with disabilities. The Government adds that in order to remove financial obstacles for people covered by the Wajong Act to follow education, it is preparing a modification to the Wajong Act. The goal is to avoid that the fear to lose the entitlement to benefits prevents people to access education. The Committee requests the Government to continue to provide information on any improvement made on the education and training opportunities for persons with disabilities with a view to increasing their levels of employment, including on the open labour market. The Government is also requested to provide statistics on the participation of persons with disabilities in education and vocational training.

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

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.

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

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.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report received in August 2012, which includes replies to its 2010 direct request and to the comments raised by the Netherlands Trade Union Confederation (FNV). It also notes the new comments by the FNV, forwarded to the Government in September 2012, as well as the comments by the Union Federation for Professional and Managerial Staff (MHP) and the Confederation of Netherlands Industry and Employers (VNO–NCW) of August 2012.

Article 2 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. Implementation of the Work and Income (Employment Capacity) Act (WIA). In reply to the previous comments, the Government indicates that the evaluation of the WIA showed that the number of people claiming disability benefits decreased by 71 per cent between 1999 and 2009. Such a decrease was not accompanied by an increase in the number of persons claiming unemployment benefits or social assistance. Therefore, according to the Government, the policy has effectively led to a greater number of people remaining in the labour market, thus contributing to the realization of a more inclusive job market. The Government recalls that 35 per cent is the limit agreed upon by the social partners and established under the WIA to be eligible for disability benefits. For persons with less than 35 per cent incapacity, solutions need to be established at the industrial/organizational level. The Committee notes the statistics provided by the Government on the employment of persons whose level of incapacity is more or less than 35 per cent. With regard to persons with less than 35 per cent incapacity, while an increase in the employment levels was registered among those who became disabled while in permanent employment (around 60 per cent were employed in 2009), the trend was less favourable for those who became disabled when they were not in permanent employment (approximately 35 per cent were employed in 2009). The Government indicates that in April 2012 it put forward proposals to Parliament to change the law in order to reduce long-term absence due to illness in the group of persons with less than 35 per cent incapacity and to stimulate speedy resumption of work. The Committee notes the FNV’s comments that two important reasons for the decrease in the number of people claiming disability benefits are the Eligibility for Permanent Incapacity Benefit (Restrictions) Act, which increases the period of sickness benefits to two years, and the large percentage of persons with less than 35 per cent incapacity. The FNV further indicates that it finds the results of the national policy for the latter group inadequate and no longer supports the 35 per cent threshold. Observing that less than 20 per cent of persons who became disabled while not in permanent employment were still employed after three years, the FNV stresses the importance of the sustainability of employment of persons with disabilities. The MHP also states that the Government is downgrading policy measures for increasing the chances of persons with disabilities to participate in the labour market. Following the implementation of the WIA, no policy exists for persons with less than 35 per cent incapacity. The Committee further notes VNO–NCW’s indication that better figures are needed to assess the impact of the employment measures on persons with less than 35 per cent incapacity who became disabled when they were not in permanent employment. The VNO–NCW indicates that, instead of changing the law to reduce long-term absence due to illness in persons with less than 35 per cent incapacity, it supports the establishment of a working group to draw up practical solutions to reintegrate this group into work as soon as possible. The Committee requests the Government to provide in its next report information on the impact of the WIA on effectively increasing long-lasting employment opportunities for persons with disabilities.

Article 4. Implementation of the Disablement Assistance Act for Handicapped Young Persons (Wajong). In reply to the Committee’s comments, the Government indicates that 25 per cent of all young persons with disabilities (Wajongers) are working. The number of working Wajongers gradually increased from 47,600 in December 2009, to 50,400 in December 2010 and 52,500 in June 2011. According to the Government, this means that employers are willing to give persons with disabilities an opportunity to work according to their capacity. The Government further indicates that in June 2011, for the first time, the number of Wajongers working in regular employment was higher than that of Wajongers working in sheltered employment. The FNV indicates that the employment of Wajongers was 25 per cent even before the introduction of the Wajong. It considers that the Government has not developed enough policies and instruments to encourage employers to employ Wajongers and that policies adopted are not effective enough to create permanent employment opportunities for Wajongers. The FNV adds that in 2010, the funding for coaching was reduced from 15 to 10 per cent and the unlimited duration was reduced to three years. The Committee requests the Government to continue to provide information on the impact of the Wajong and the funding reduction on effectively increasing long-lasting employment opportunities for young persons.

Article 7. Services offered to persons with disabilities by the Institute for Employee Benefit Schemes (UWV). In reply to the Committee’s comments, the Government indicates that employees who have less than 35 per cent incapacity and are not fully working may be able to claim unemployment benefits from the UWV. The Government indicates that regular services offered to unemployed persons also apply to this group of persons with disabilities. Following a budget reduction to the UWV for supporting unemployed persons, emphasis is given to the greater responsibility of unemployed persons to access digital services (e-coaching). Face-to-face contact is only used when strictly necessary. The services offered to unemployed persons last 12 months. The FNV indicates that the electronic services (e-services) provided by the UWV are described by many as insufficient. The Committee also notes MHP’s comment that the UWV has no longer any resources available to provide intensive guidance to persons with disabilities to enter the labour market. The Committee requests the Government to provide information on the impact of the funding reduction of the services offered by the UWV to increase employment opportunities for persons with disabilities.

Education and training opportunities for persons with disabilities. In reply to the Committee’s comments, the Government indicates that the policy to prevent youth unemployment is aimed at facilitating labour market transition. Special education is provided to pupils with learning and behavioural difficulties. Schools for practical and special education may apply to the European Social Fund for support towards activities that help school-to-work transition. The FNV indicates that no budget is available for schooling, retraining or other more intensive instruments for the reintegration of persons with disabilities in the labour market. The Committee requests the Government to include in its next report information on measures to enhance education and training opportunities for persons with disabilities. Please also provide information with respect to the budget issue raised by the FNV.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s replies received in August 2010 to its 2009 direct request. It also notes the new comments by the Netherlands Trade Union Confederation (FNV). The Committee notes the Government’s statement in reply to the comments formulated in August 2008 by the Union Federation for Professional and Managerial Staff (MHP), indicating that during the 2010 evaluation of the Work and Income (Employment Capacity) Act (WIA), attention will be paid to persons with work incapacity of less than 35 per cent and to those who are partially unfit for work in general.

Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Government indicates that following the social security system reforms with regard to persons with disabilities, the number of workers benefiting from disability benefits under the WIA decreased from 100,000 in 2000 to around 30,000 in recent years, which was also a consequence of reintegration policy results for persons with disabilities. The Government further indicates that the Institute for Employee Benefit Schemes (UWV) is responsible for the reintegration of persons with disabilities and decides if support for reintegration is necessary and in what form. Some 11,000 persons with disabilities were estimated to be employed in 2009. The Government had indicated that subsequent to its concern for the growing number of young persons in the social security scheme for persons with disabilities, a new law has come into force in 2010 to increase the labour market participation of young persons with disabilities. Under this law, young persons with disabilities must be given the chance to search for regular or “supported” employment before applying for disability benefits. Furthermore, the Sheltered Employment Act (WSW) is aimed at creating suitable work opportunities for persons with severe physical, intellectual and/or mental disabilities who are not able to work under normal conditions. The WSW offers the opportunity to work in special sheltered companies or to carry out regular work under supervision outside of sheltered facilities. The Committee notes the FNV’s concerns that the decrease in the number of workers benefiting from disability benefits is due to the fact that under the WIA, the employer is obliged to continue to pay employee wages during two years of sickness and that only after these two years workers are eligible for the WIA. The FNV also observes that no service is provided by the UWV during the first six months of unemployment. Therefore, implementation of the government policy for persons with disabilities is seriously inadequate. The Committee requests the Government to provide in its next report an assessment of the impact of the national policy on vocational rehabilitation and employment of persons with disabilities on effectively increasing labour market participation for the persons concerned. It also requests the Government to provide detailed information on the services provided by the UWV for unemployed persons with disabilities. The Government is further requested to include in its next report specific information on education and training opportunities offered to persons with disabilities. Please also provide relevant documents containing statistics, studies or surveys on the matters covered by the Convention (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2012.]

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

1. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report received in August 2008 containing responses to the Committee’s previous observations. It further notes the Government’s report received in August 2009 containing some further amendments and observations from the National Federation of Christian Trade Unions (CNV) on the amount of sickness benefits paid. The Trade Union Federation for Professional and Managerial Staff (MHP) suggested in August 2008 that the report should include further indications on the recommendations made by the Labour Foundation on the reintegration of young persons with disabilities, persons with work incapacity of less than 35 per cent and those who are partially unfit for work in general.

2. The Committee notes that the Invalidity Insurance Act (WAO) was replaced by the Work and Income (Employment Capacity) Act (WIA) on 1 January 2006. The primary aim of the WIA is to promote a return to work, and accordingly to increase the long-term reintegration of employees with (temporary) health-related work restrictions. The Government indicated that the benefit rate under the Regulation governing income protection for individuals registered as wholly incapacitated (IVA), the Disability Insurance Act (WAO), the Disablement Assistance Act for handicapped young persons (Wajong) and the Self-employed Persons Disablement Benefits Act (WAZ) was increased from 70 to 75 per cent on 1 July 2007. The Committee notes that provision is made within the relevant legislative instruments to promote the participation of persons with a structural disability in the labour market. These instruments are aimed at the retention of labour and/or the return to the labour market. In this regard, the Committee notes that persons with disabilities are able to avail themselves of job support such as job-coaching and special transport provisions; special reintegration contracts and the supply of an individual reintegration budget; special provisions for persons wishing to be self-employed; special education facilities; and, in some cases, wage dispensation. Persons with disabilities in employment who receive a lower income than the determined capacity of earnings, can claim a supplement to their income for a maximum period of four years. Furthermore, persons receiving benefits under the WGA, WAO, WAZ, Wajong or the Unemployment Insurance Act (WW) are able to avail themselves of an individual reintegration agreement, facilitated by the implementing agency, UWV, so as to plan their own reintegration. In this regard, the individual has the opportunity to decide upon the means of reintegration (e.g. work placement, application training, education) and the employer with whom the reintegration will be. The Committee notes the measures taken including individual reintegration agreements between employers and workers with disabilities. The Committee recalls the Convention’s objective of the social and economic integration of persons with disabilities into the community and wider society with a view to the full recognition of the contribution made by persons with disabilities. In particular, Article 1(3) and Article 3 of the Convention require the adoption of a national policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities. In its 2005 and 2007 observations, the Government was requested to provide coherent information on the manner in which the national policy was implemented in practice and periodically reviewed (Article 2). The Government is again requested to provide a report containing an overview of the national policy and information on the measures taken with a view to providing evaluation vocational guidance, vocational training, placement, employment and other related services to enable persons with disabilities to secure, retain and advance in employment (Article 7). The Government is also invited to include in its next report further information on the manner in which representatives of employers’ and workers’ organizations of, and for, persons with disabilities are consulted on the implementation of the policy (Article 5).

[The Government is asked to reply in detail to the present comments in 2010.]

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

Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. In its 2005 observation, the Committee noted the comments by the Netherlands Trade Union Confederation (FNV) indicating that the provisions of the Work and Care Act and the Act on Structure of the Organization of Implementation in the area of Work and Income (SUWI Act) were not fully relevant to the application of the Convention. The Committee asked the Government to describe in detail the national policy on vocational rehabilitation and employment for workers with disabilities including practical data on the achievements in promoting employment opportunities for persons with disabilities in the open labour market. In the report received in August 2007, the Government provided new information particularly relating to legislation which, in so far as they are relevant, relate mainly to self-employment of persons with disabilities. Keeping in view that the object of the Convention is to enable a person with disabilities not only to retain but also to secure and advance in employment, the Committee therefore once again requests the Government to provide a report describing in detail the national policy on vocational rehabilitation and employment for workers with disabilities including practical data on the achievements in promoting employment opportunities for persons with disabilities in the open labour market, in particular for women workers with disabilities, as required by the Convention (Articles 2 and 3 of the Convention). The report should include detailed information on the efforts to achieve effective equality of treatment between men and women workers with disabilities and other workers (Article 4); the manner in which representative employers’ and workers’ organizations, as well as representative organizations of and for disabled persons are consulted on the implementation of the policy (Article 5); the vocational guidance and training, placement, employment and other related services provided to enable persons with disabilities to secure, retain and advance in employment (Article 7); the services provided for persons with disabilities without financial resources (Article 8); and the measures adopted in practice to ensure the availability of suitably qualified staff in the field of vocational rehabilitation (Article 9). Please also include information on the manner in which the Convention is applied including, for example, statistics, extracts from reports, studies and inquiries, concerning the matters covered by the Convention.

[The Government is asked to reply in detail to the present comments in 2008.]

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

The Committee notes the information provided by the Government in its report received in September 2004 regarding the various types of leave under the Work and Care Act and on the Government’s responsibilities for providing employment services and employee insurances under the Act on structure of the organization of implementation in the area of work and income (SUWI Act). The Government has also provided information on the Gatekeeper Improvement Act and on the Act on the extension of the obligation to continue paying wages in the event of sickness. In its comments, the Netherlands Trade Union Confederation (FNV) notes that the Work and Care Act and the SUWI Act might not be relevant to the application of the Convention. The FNV also notes that the report does not supply statistical data with regard to the rehabilitation of workers with disabilities. In this respect, the Committee asks the Government to describe in detail the national policy on vocational rehabilitation and employment for workers with disabilities including practical data on the achievements in promoting employment opportunities for persons with disabilities in the open labour market, in particular for women workers with disabilities, as required by Articles 2, 3 and 4 of the Convention. The Committee also refers to its observation under Convention No. 122.

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

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note with interest of the first report of the Government and the detailed information supplied. It would be grateful if the Government would continue to supply in its next reports information on any new developments concerning the practical application of the national policy on vocational rehabilitation and employment of disabled persons. Please indicate, in particular, the extent to which is being attained the target fixed by the Handicapped Workers Employment Act, 1986, for a national average of 5 per cent of the jobs to be taken by the handicapped. Please describe the measures taken or envisaged to improve the labour participation of the disabled or indicate whether the Government made use of the opportunity to impose quota obligations on branches of industry or government services, under the 1986 Act.

Finally, under Point V of the report form, please provide a general appreciation of the manner in which the Convention is applied in practice, particularly in relation with the statement in the Government's report that the total number of people that depend on disability benefits has to be diminished, while at the present moment the number is still rising.