Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the joint observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV) received on 30 June 2022 and 30 August 2023, and then communicated by the Government.

Article 4 of the Convention. Leave entitlements for men and women workers with family responsibilities. The Committee welcomes the Government’s indication, in its report, that several measures have been implemented to enhance leave arrangements in order to facilitate a better reconciliation between work and family responsibilities, namely: (1) as of January 2020, the one week childbirth leave paid 100 per cent was increased by five additional weeks of partially paid leave amounting to 70 per cent of the daily wages; (2) as of August 2022, parents are entitled to nine weeks of partially paid parental leave amounting to 70 per cent of their daily wages; (3) several awareness-raising activities have been carried out on these new provisions which are expected to lead substantially more men to take leave; and (4) figures on the initial effects of these measures on the distribution of care responsibilities are not yet available but an assessment of leave entitlements for workers with family responsibilities will take place in 2025. The Committee also notes that, in their joint observations, the CNV and the FNV reiterate their concerns regarding: (1) the lack of paid long-term care leave for other members of the family; and (2) the lack of fully paid childbirth leave and parental leave which results in a higher percentage of women employed in part-time jobs and negatively impacts on gender equality at work. The trade unions also express specific concerns about the accessibility of leave entitlements for parents from lower income groups, as 70 per cent of their daily wages may result in a level below the minimum wage or even the social benefit. A recent evaluation of the additional childbirth leave showed that 35 per cent of lower income partners do not take up this leave (compared to only 16 per cent for partners from higher income group). The Committee notes from the Government’s report that a research has been commissioned to better understand this situation. The Government adds that the Ministry of Social Affairs and Employment is currently assessing the possibility for simplifying the leave system. In that context, recommendations from the Social and Economic Council (SER) would be taken into consideration and social partners would be included in the dialogue on gender equality in the labour market, that is expected to start by the end of 2023. The Committee wishes to draw the attention of the Government in that regard to its 2023 General Survey entitled achieving gender equalilty at work (see chapter 7, “Reconciling work and family responsisibilities” and with respect to the existence of statutory paternity leave, see pararaph 701). In light of persistent gender stereotypes concerning the sharing of family responsibilities, the Committee urges the Government to take steps to encourage more men to make use of family-related leave. It asks the Government to provide information on: (i) any awareness-raising activities undertaken to promote the exercise of shared parental responsibilities and caring for children and other immediate family members, as well as on the impact of such measures; (ii) any assessment made, in collaboration with the social partners, of the effectiveness of existing family-related leave entitlements, in particular regarding the reasons why partners do not make use of additional childbirth leave or parental leave; and (iii) the number of men and women workers making use of family-related leave entitlements, both in the public and private sectors. The Government is also requested to provide information on any initiatives and outcomes in collective bargaining in the area of work-life balance leave and benefits.

Article 5. Childcare and family services and facilities. The Committee welcomes the Government’s statement that, following up on the recommendations made by the SER in 2016, several measures have been implemented to improve the quality of childcare services, in particular by enhancing training opportunities and improving professional skills for workers involved in this area. The Government adds that: (1) to date, childcare benefit depends on the income of the working parents and covers up to 96 per cent of the costs for the lowest income group and 30 per cent for the highest income group; (2) in 2021, only 37 per cent of children from parents in the lowest income group attended childcare facilities (compared to 25 per cent in 2015); (3) as regards informal care, the Minister of Social Affairs and Employment has agreed to work together with the social partners in informing employers on this topic; (4) municipalities have also been tasked with supporting informal caregivers, on the basis of the Social Support Act; and (5) measures are planned to be introduced in 2027 to reorganize childcare. In that regard, the Committee notes that, in their joint observations, the CNV and the FNV stress the importance of high quality and affordable universal childcare, while highlighting that despite the promise made to ensure that childcare will be almost free for all working parents, such measure has been postponed and the corresponding budget has been reduced for the coming two years. The trade unions indicate that parents from the lowest income group will have to bear 5 per cent of the childcare costs (against 4 per cent currently), which means that they will pay €400 more per year while higher income groups will have to pay less than before. The CNV and the FNV also highlight the shortage of staff and low quality of existing facilities with low qualified childcare workers who are still in training, which means that access to childcare is not guaranteed for working parents. In addition, due to the lack of employees that want to work in childcare, partly because of the limited salaries, many young parents cannot find any place for babies which leads to increasing inequalities, as it is mostly women staying at home to take care of them. The Committee urges the Government to take steps in order to effectively ensure adequate, affordable and accessible childcare services and facilities, with a view to assisting men and women workers to reconcile work and family responsibilities and addressing the challenges raised by the CNV and FNV. It asks the Government to provide information on: (i) any measures taken to professionalize care work and improve the education and training of care workers, and their impact; (ii) the extent of childcare and family services available for men and women workers with family responsibilities; and (iii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities.

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