Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee previously noted a communication received in August 2009 from the Netherlands Trade Union Confederation (FNV), which contained comments on the application of the Convention by the Netherlands. It noted that this communication was sent to the Government in September 2009, for any comments it might wish to make on the matters raised therein. In the above communication, the FNV raised the issues, inter alia, regarding the work of prisoners for private employers; compulsory character of employment measures for young people under the 2009 Act Investing in Young Persons (Wet WIJ), which will be evaluated in 2011; and the vulnerable situation of workers in certain sectors, who may become victims of forced labour exploitation, as a result of abuses of certain informal labour agencies. The FNV requested the Government to take its views into consideration in the course of the evaluation of the 2009 Act referred to above. The Committee notes that no comments have been provided by the Government in response to the above communication. It further notes a new communication from the FNV, which repeated its previous comments and provided additional information on certain points, received in August 2010 and sent to the Government in September 2010 for such comments as might be judged appropriate. The Committee hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

Article 2(2)(c) of the Convention. Work of prisoners for private employers. Referring to its earlier comments, the Committee notes the Government’s indications in the report concerning the work of prisoners for private employers. It notes, in particular, that such labour may be performed by convicts outside a penitentiary institution of very low security (ZBBI), and is subject to free, voluntary and informed consent of the person concerned to be placed in a ZBBI (which includes labour to be performed outside the institution). The Government indicates that convicts’ conditions of work are covered by the same legislative provisions as applicable to other employees, and their remuneration approximates the standard minimum wages, taken into account the expenses for housing and food. The Government also states that detainees can also benefit from some social security provisions.

While noting these indications, the Committee requests the Government to supply a copy of provisions regarding the work of detainees outside the ZBBI, such as, for example, the general terms and conditions governing work carried out by inmates, to which reference is made in paragraph (h) of the Additional Clauses of the sample agreement between a penitentiary institution and an employer, annexed to the Government’s 2003 report.