Maternity Protection Convention, 2000 (No. 183) - Netherlands (Ratification: 2009)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. Health protection measures. Further to its previous request on the evaluation procedure of occupational health risks for pregnant women, the Committee takes note of the Government’s reply in its report that the work council (ondernemingsraad), the worker representative (personeelsvertegenwoordiging) or the worker concerned shall be consulted with regard to the risk assessment of the work, pursuant to section 12 of the Working Conditions Act. The Committee further notes the Government’s indication that if a pregnant or breastfeeding woman is temporarily exempted from her duties as a result of an identified occupational health risk, she may apply for sickness benefit in case her incapacity for work is caused by pregnancy.

Night work. Further to its previous request to indicate whether, for medical reasons, a pregnant or breastfeeding worker may request to be exempted from night work, the Committee takes note of the Government’s reply indicating that an enterprise’s doctor and/or an occupational safety and health specialist assess the incapacity to perform night work by a pregnant or breastfeeding worker. The Committee further takes due note of the indication by the Government that if a pregnant or breastfeeding woman cannot perform night work, she may apply for sickness benefit, including for a period of six months following childbirth.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV) communicated with the Government’s report.

Article 9(1) of the Convention. Discrimination in employment, including access to employment. With respect to its previous request to take measures to effectively tackle the problems of application in practice of the prohibition of discrimination based on maternity, the Committee takes note of the adoption in 2017 of the Action Plan against Pregnancy Discrimination, which aims to strengthen labour inspections, increase pregnant women’s knowledge and awareness of their rights, and increase the willingness to report cases of pregnancy discrimination. According to the Government, the measures taken under the Action Plan against Pregnancy Discrimination included the launch by the Netherlands Institute for Human Rights of a hotline to report cases of discrimination and conduct of the anti-discrimination campaign in the labour market. The Government further indicates that, pursuant to the 2020 report of the Netherlands Institute for Human Rights on the impact of pregnancy and parenthood on women’s employment opportunities, the incidence of pregnancy discrimination is persistent. In this respect, the Committee notes the observations of the CNV and the FNV indicating that 43 per cent of pregnant women experience some form of discrimination and that women in temporary employment are particularly vulnerable to the discriminatory treatment. While acknowledging the efforts undertaken by the Government under the Action Plan against Pregnancy Discrimination of 2017, the CNV and the FNV allege the lack of sanctions imposed on employers for discrimination on the grounds of pregnancy and maternity. The Committee requests the Government to continue to take measures to ensure that maternity does not constitute a source of discrimination in employment, pursuant to Article 9 of the Convention. The Committee further requests the Government to provide information on the impact of the Action Plan against Pregnancy Discrimination of 2017 in reducing discrimination in employment on the ground of maternity. It also requests the Government to provide detailed information on the number of cases involving discrimination in employment based on maternity detected by or reported to labour inspectors or the courts, as well as the sanctions imposed on employers and remedies provided to victims.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Health protection measures. Referring to its previous comments, the Committee notes that the representative organizations of workers and employers are consulted regarding the introduction of amendments to national legislation concerning the protection of health in the context of pregnancy and childbirth in conformity with the requirements of Article 3 of the Convention. It further notes that following an amendment made in 2012 to the Working Conditions Decree (Arbeidsomstandighedenbesluit) of 1997, a new section 1.42a was added requiring the employer to provide effective information on the work-related risks during pregnancy and breastfeeding periods. Such information shall be provided within two weeks from the date the employer is notified of the worker’s pregnancy. This new provision thus complements section 1.42 of the aforementioned Decree, requiring employers to organize work in such a way as to eliminate risks to pregnant or breastfeeding employees and ill effects on pregnancy and breastfeeding. While indicating that there are no specific procedures put in place for the assessment of health risks, the Government highlights Internet resources also commonly used by professionals and containing information on occupational health risks for pregnant women. There are also toolkits developed concerning risks in pregnancy by type of work and also containing communication plans for family doctors, midwives and gynaecologists. The Committee understands that on-the-job risk evaluation needs to be carried out by each employer individually, to take into account the nature of the occupations existing within the enterprise. Please indicate whether the trade unions within the enterprise or the work council (Ondernemingsraad) are consulted or associated in this evaluation process. The Committee further notes that, pursuant to section 1.42, if an employee’s work presents a risk to her health that cannot be avoided through a change in her working conditions or hours, or if she cannot be temporarily transferred to another position, she is exempt from her duties while the risk persists. Please indicate whether such leave is paid or gives entitlement to income replacement benefits from social insurance.

Night work. The Committee notes that, according to the Working Hours Act of 1995, as amended, pregnant women cannot in principle be required to carry out night work unless their employer gives “convincing reasons” whereby it cannot reasonably be expected to adapt the employee’s work (section 4:5, paragraph 5). Please indicate what may constitute “convincing reasons” in this case and indicate whether, for medical reasons, a pregnant employee may request to be exempted from night work in accordance with section 1.42 mentioned above. Please indicate whether there exists a special provision regulating night work by workers who breastfeed their child.

Article 9(1). Discrimination in employment, including access to employment. The Government indicates that the Netherlands Institute for Human Rights (previously Equal Treatment Commission) published the report undertaken in 2011 to examine the impact of pregnancy or parenthood on women’s employment opportunities. According to the findings of this report, certain categories of employees are more at risk than others of becoming victims of discrimination on the grounds of pregnancy or maternity in employment or access to employment: women in lower paid jobs and temporary assignments; women employees in the private sector; women who often fall sick during their pregnancy or suffer complications related to pregnancy or childbirth; and also women in managerial positions. The two main recommendations to the Government were to inform women and employers of their rights and obligations during pregnancy and maternity to allow them to better identify discriminatory practices and provide information on how to file complaints. Following up on these recommendations, the Government regrouped on one website the information regarding the rights of women at work during pregnancy, maternity leave and the period following their return to work. The Human Rights Institute also provides on its website information regarding the filing of complaints. In comments received in August 2013, the Netherlands Trade Union Confederation (FNV) considered that, in spite of the above measures, the problems related to maternity protection are increasing, as well as the number of temporary contracts, with many women still experiencing problems of recruitment or of losing their jobs when they become pregnant as their contracts are not renewed in this case. The Committee asks the Government to consider assessing the impact of the measures taken together with the social partners in order to more effectively tackle the problems of application in practice the prohibition of discrimination based on maternity.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3. Health protection measures. Article 1.41 of the Working Conditions Decree (Arbeidsomstandighedenbesluit) states that special attention should be given to the risk assessment and evaluation of the non-exhaustive list of agents, processes and working conditions for pregnant and nursing women mentioned in Annex I of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. Article 1.42 states that the employer should organize the work of pregnant and nursing women, as well as the workplace, in such a way that the work shall not constitute any hazard to their health and safety or have any negative effect on the pregnancy and nursing. If compliance with these measures is not reasonably possible, the woman shall be given other work or even temporarily released from her work. The Committee asks the Government to indicate whether consultations have been held with the representative organizations of employers and workers on these matters, what procedures were put in place for the assessment of health risks, and how the findings of such assessments are brought to the knowledge of the women workers concerned.

Article 6(6). Benefits financed out of social assistance funds. Please indicate whether benefits are paid out of social assistance funds to women who do not meet the conditions to qualify for the statutory maternity cash benefits.

Article 8(1). Employment protection. The Committee notes that dismissal of pregnant women is prohibited during pregnancy, except during the probationary period or due to an urgent cause unrelated to pregnancy (Civil Code, sections 7: 670,2 and 670b,1), which is detailed in sections 678 and 679 of the Civil Code. The Committee requests the Government to provide information on whether pregnancy can be invoked as a reason to end the employment relationship of a woman during the probationary period.

Article 9(1). Access to employment. According to the Government’s report, there are persistent indications that pregnancy or the fact that a woman has a small child, might be a cause for not employing her or not renewing her fixed-term contract. The Equal Treatment Commission is carrying out a study on this issue and its findings will be published in 2011. The Committee would be grateful if the Government would explain the findings and recommendations of this study in its next report and indicate whether there are any strategies the Government intends to adopt with a view to following up the findings of the above study.