Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Pays-Bas (Ratification: 1933)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Pays-Bas (Ratification: 2017)

The Committee previously noted communications received in August 2009, August 2010 and in August 2012 from the Netherlands Trade Union Confederation (FNV), which contained comments on the application of the Convention by the Netherlands. The FNV raised issues, inter alia, regarding the work of prisoners for private employers; the compulsory character of employment measures for young people under the 2009 Act Investing in Young Persons (Wet WIJ); and the vulnerable situation of workers in certain sectors, who may become victims of labour exploitation, as a result of abuses of certain informal labour agencies. The communications were sent to the Government in September 2009 and September 2010 respectively for such comments as might be judged appropriate.

In response to the above communications, the Committee notes the comments provided by the Government, in particular as regards the 2009 Act Investing in Young Persons. According to section 15 of the Act young people between 16 and 27 years old may voluntarily apply to the municipal authorities for a training–employment offer (section 15). The municipal authorities are obliged to make an offer taking into account the capacity of the applicant (section 17). Such an offer could for example constitute an internship, schooling, civic integration or an employment in the care sector. If the training–employment offer does not generate sufficient income, the young person is entitled to income support according to section 24 of the Act. Pursuant to section 39, income support is withdrawn in case the young person refuses to execute the training–employment offer. The Committee notes that the evaluation of the Act in 2011 found that as a result of the Act, labour market and educational participation of young persons had increased. Seventy per cent of requests for a training–employment offer had been realized and 63 per cent of the offers have been provided in combination with income support.

Noting the absence of information as regards the issue raised by the FNV concerning the vulnerable situation of workers in certain sectors, who may become victims of labour exploitation as a result of abuses of certain informal labour agencies, the Committee expresses the firm hope that the Government will respond to this issue in its next report.

Article 2(2)(c) of the Convention. Work of prisoners for private employers. The Committee notes the Government’s indication concerning the work of prisoners for private employers outside a penitentiary institution of very low security (ZBBI) which is subject to free, voluntary and informed consent of the person concerned upon placement in a ZBBI. If the convicted person no longer wishes to perform the labour outside the ZBBI he or she can be placed back into an institution of low security (BBI), which is a consequence of the withdrawal of consent. The Committee further notes the Government’s indication that the skills acquired increase chances of finding work once released and in some instances detainees have continued working for the same private employer after release. The Committee again notes that the conditions of work of convicts are covered by the same legislative provisions as other employees, that they benefit from some social security provisions and that their remuneration approximates standard minimum wages taking into account expenses for housing and food.

Article 25. Penalties for trafficking in persons. The Committee notes the information provided by the Government in its report concerning the bill which is currently before the House of Representatives to increases the maximum sentence for people committing trafficking in human beings, including for labour exploitation, to 12 years. The bill furthermore includes an increase in the maximum penalty from 12 to 15 years’ imprisonment if two or more persons are acting in concert, from 15 to 18 years if serious bodily injury has been caused and from 18 to 30 years or life imprisonment in case of death. The Committee requests the Government to provide a copy of the law once adopted. It also requests the Government to provide with its next report information on the application of the law in practice, including information on numbers of cases of prosecutions and convictions, and indicating the penalties imposed on perpetrators.

Communication of texts. Noting the Government’s report on behalf of the islands of Bonaire, St Eustatius and Saba, which became part of the Dutch polity as public bodies, the Committee requests the Government to communicate, with its next report, a copy of the full updated text of the Criminal Code of the aforementioned islands, as well as copies of any other laws or regulations applicable to the compliance of the Convention.