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

Home Work Convention, 1996 (No. 177) - Netherlands (Ratification: 2002)

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee recalls that since the entry into force of the Convention, it has been drawing the attention of the Government to the need to adopt, implement and periodically review a dedicated national policy on home work aimed at improving the situation of homeworkers, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations concerned with homeworkers and those of employers of homeworkers. For many years, the social partners have repeatedly observed that the Netherlands have no national policy relating to home work and that they have not been invited to discuss the situation of homeworkers specifically. For its part, the Government has constantly maintained the position that because by law homeworkers enjoy the same protection as other workers, it considers that no separate policy is required to guarantee them the protection resulting from the Convention and that the social partners are regularly consulted in the framework of regular discussions on labour legislation and the labour market held between them and the Government. Again, in its latest report, the Government states the same position and provides information on recently adopted or amended legislation, in consultation with the social partners, for example to ensure a balanced labour market, improve the opportunities of groups in vulnerable situations, and ensure a good work–life balance, which includes the Law on Paid Parental Leave, the Balance Employment Market Act, the Tax Plan 2023, the Minimum Wage Act, the legislative proposal Future Pensions Act, and the policy plan “A Balanced Participation Law”. The Government has supplied statistical information for the years 2013, 2017, and 2020, disaggregated by gender, regarding the number of home workers (workers usually working from home), and workers working from home incidentally on a fixed day. However, while the Government had previously indicated that a tripartite discussion on the position of homeworkers in a broad sense could take place in the framework of the regular discussions on labour legislation and the labour market held between the social partners and the Government, the Committee notes with regret that the latest report is silent on this point. The Committee wishes to stress in this respect that, while the Convention leaves a broad leeway to countries to implement their national policy on home work stating that this may be done by means of laws and regulations, collective agreements, arbitration awards or in any other appropriate manner consistent with national practice (Article 5), the existence of a dedicated national policy is the fundamental rationale behind the Convention. Even where the legal framework recognizes that homeworkers are entitled by law to equal treatment with other wage workers, a national policy on home work as that required by the Convention is the means to, jointly with the social partners, take stock of existing challenges and periodically explore potential improvements in the situation of homeworkers. In practice, a dedicated national policy therefore helps to secure the effective application of the principle of equality of treatment by, as the case may be, identifying the need to supplement the provisions of the national legislation, taking into account the special characteristics of home work and, where appropriate, the conditions applicable to the same or a similar type of work carried out in an enterprise, as stated by Articles 3 and 4 of the Convention. Without such a dedicated national policy and the discussions with the social partners around the challenges related to its conception, its implementation and its periodic review, the specificities proper to home work and the compliance problems encountered may quickly become invisible to Government action, thus jeopardizing the effective implementation of the principle of equality of treatment. To this effect, recognizing the need for equality of treatment to be promoted by way of national policies, Article 4 of the Convention lists the areas in which this promotion needs to be carried out while Article 6 encourages the collection, to the extent possible, of labour statistics to this effect. Furthermore, Article 7 specifically calls for national laws and regulations on safety and health at work to take into account the special characteristics of home work and establish conditions under which certain types of work and the use of certain substances may be prohibited in home work for reasons of safety and health. Also, where the use of intermediaries in home work is permitted, Article 8 requires that the responsibilities of employers and intermediaries need to be determined by laws and regulations or by court decisions, in accordance with national practice. Finally, the Convention requires that the labour inspection system needs to ensure compliance with the national regulatory framework applicable to home work and that, in case of non-compliance, adequate remedies need to be provided and effectively applied (Article 9). In view of the above, the Committee strongly hopes that the Government’s next report will indicate progress made to give effect to the Convention by adopting, implementing and periodically reviewing a national policy on home work aimed at improving the situation of homeworkers, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations concerned with homeworkers and those of employers of homeworkers. The Government is also requested to indicate whether special arrangements have been made in the area of safety and health at work and vis à vis the use of intermediaries in home work to give effect to Articles 7 and 8 of the Convention. The Committee also requests the Government to provide information on how the labour inspection covers home work in its activities and the number of inspections carried out, violations observed and sanctions applied. The Committee finally requests the Government to continue to provide updated statistical and other relevant information concerning the application of the Convention in practice, including information on the number of workers covered by the Convention, if possible broken down by gender and age, as well as copies of official reports or research studies concerning the working conditions of homeworkers.