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Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 3 of the Convention. Right of all categories of rural workers to establish and join organizations of their own choosing. In its previous comment, the Committee requested the Government to reply to the concerns raised by the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) that foreign temporary agency workers, largely employed in the agricultural sector, were intimidated in relation to union membership, and that trade unions faced difficulties in accessing workplace in these sectors to inform workers of their rights. The Committee further requested the Government to provide details on any measures taken to help migrant workers exercise their right to organize in the agricultural sector, particularly in terms of protection against anti-union discrimination and awareness-raising efforts about their rights and needs.
The Committee takes note of the Government’s information on the measures taken to combat anti-union discrimination, which included the renewal of an action plan against labour market discrimination for the period 2022–25. According to the Government, the action plan consists of four pillars: awareness and realization, motivation and support, knowledge and expertise and supervision and enforcement. With regard to the latter, the Netherlands Labour Authority has the authority to monitor companies’ and organizations’ adherence to labour regulations and impose fines when regulations are not being complied with. The Government indicates that the Netherlands Labour Authority has not received any complaints on anti-union discrimination for the period June 2021 – May 2024. The Government further indicates that it holds regular consultations with the social partners on anti-union discrimination. The Committee also notes the Government’s indication that in consultation with the social partners, it was in the process of implementing recommendations contained in a 2020 report on labour migrants’ living and working conditions, which contains specific recommendations aimed at informing labour migrants about their rights. Regarding union access to workplaces, the Committee notes the Government’s indication that following a request made to that effect by Parliament, it was currently exploring measures aimed at ensuring labour unions’ access to workers at their workplaces. The Committee requests the Government to provide information on all progress made on the above initiatives with a view to ensuring the rights under the Convention of all categories of rural workers.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) of 29 August 2016 on the Right of Association (Agriculture) Convention, 1921 (No. 11), which pertain to matters related to the application of this Convention and raise concerns that foreign temporary agency workers, largely employed in the agricultural sectors, are intimidated in relation to union membership, and that trade unions face difficulties in accessing workplaces in these sectors to inform workers of their rights. The Committee requests the Government to provide its comments in this regard, including as to any measures to address the challenges faced by migrant workers in exercising their right to organize in the agricultural sectors, in particular as to protection against anti-union discrimination, as well as awareness-raising actions in relation to rights and their particular needs.
In this respect, the Committee recalls that in its 2015 General Survey, Giving a voice to rural workers, paragraphs 260 and 295, acknowledging the challenges faced by migrant workers, it considered that governments should adopt specific provisions in respect of discrimination on the grounds of membership of rural workers’ organizations or involvement in the activities of such organizations, which are effective in the special circumstances of the rural sector, and encouraged governments to take measures to promote a broad understanding of the need to further the development of rural workers’ organizations and of the contribution they can make to national, social and economic development, including through campaigns on rights and awareness raising with respect to the particular needs of migrant workers.
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