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

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

Previous comment

Article 3 of the Convention. National policy. In relation to the Equal Treatment (Working Hours) Act which prohibits employers from discriminating against their employees on the basis of their working hours, unless there are objective reasons for doing so, the Committee notes the Government’s statement, in its report, that in the current period of labour market shortage, the Government is envisaging to stimulate part-time workers to work more hours and requested the advice of the Netherlands Institute for Human Rights (NIHR) on the possibilities to encourage additional working hours through extra pay. The NIHR concluded that granting extra pay or special cash rewards for working more hours, will in many cases lead to discrimination on the basis of working hours. The Government states that, in line with the Committee’s previous request, the Government will monitor closely the application of the Equal Treatment (Working Hours) Act in practice. TheCommittee firmly hopes that the Government will monitor closely the practical application and enforcement of the Equal Treatment (Working Hours) Act, so as to ensure that the criteria for the “objective reason exception” in the Act is strictly applied and workers with family responsibilities receive adequate protection against discrimination, in practice. It asks the Government to provide information on any steps taken to that end, as well as any judicial and administrative decisions concerning cases where family responsibilities have been considered an objective reason to discriminate against employees on the basis of their working hours.

Article 4. Working-time arrangements. The Committee notes the Government’s indication that, pursuant to the Flexible Working Act (WFW) of 2016, workers have been given the opportunity to submit a request for adjustment of the work schedule or adjustment of the workplace, in addition to the existing right to adjust working hours. The Government states that, in February 2021, a first evaluation of the Act was shared with the Parliament which provided for a number of starting points for possible further actions, such as the need to raise awareness about the Act among workers and employers. The Government adds that further amendments to the Act are ongoing regarding the right to adjust the place of work, as a result of the Bill on “Working Where You Want”. The Committee observes, however, that the Bill which was intended to reinforce the employees’ right to choose their place of work was rejected by the Senate on 26 September 2023. As regards enterprises with fewer than ten employees, the Government states that, in the context of the evaluation of the Flexible Working Act, it appeared that 31 per cent of these workers made use of flexible working-time arrangements, out of which 66 per cent were implemented in accordance with the Act. Concerning requests to adjust work schedule, 80 per cent of the enterprises with fewer than ten employees indicated that they did not receive any request in that regard. The Government adds that, at the time of the next evaluation of the Flexible Working Act, consideration will be given as to whether specific attention can be paid to flexible work in enterprises with fewer than ten employees. The Committee asks the Government to provide information: (i) on the number of men and women making use of flexible working-time arrangements, including part-time work and work from home, both in enterprises with fewer than ten employees and in others, in order to reconcile their family and work responsibilities; (ii) any measures implemented, including as a result of the next evaluation of the Flexible Work Act, to encourage enterprises to allow flexible working-time arrangements for workers with family responsibilities, in particular enterprises with fewer than ten employees; and (iii) any assessment made of the impact of flexible working-time arrangements on promoting equality of opportunity and treatment for workers with family responsibilities, taking into account the fact that some of these arrangements may have a negative impact on women’s earnings and career development.

Article 7. Vocational guidance and training. The Committee notes the Government’s general statement that, according to Central Bureau of Statistics (CBS) data, while significantly more women still worked in part-time positions in 2021, women did not participate any less than men in learning and development activities. The Committee notes that the Government does not provide information on the measures taken to enable workers with family responsibilities, in particular women, to become and remain integrated in the labour force. The Committee asks the Government to provide information on: (i) any measures taken to improve the educational and training opportunities of women working part-time, in particular as a result of their family responsibilities, and to increase their opportunities for full-time employment; (ii) any vocational guidance and training measures adopted to ensure that workers with family responsibilities can become and remain integrated in the labour force, as well as re-enter it after an absence due to family responsibilities; and (iii) the number of men and women workers with family responsibilities having benefitted from these measures.

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

Previous comment

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations by the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) received 31 August 2016.

Article 3 of the Convention. National policy. Regarding the practical application and enforcement of the Equal Treatment (Working Hours) Act, including any cases where family responsibilities have been considered an objective reason to discriminate against employees on the basis of their working hours, the Committee notes the Government’s statement that nothing has changed since the Equal Treatment Commission – now the Netherlands Institute for Human Rights (the Institute) – concluded that Act was working well in practice and achieving its objectives. The Government also indicates that in the case of possible discrimination, employees can ask the Institute for its opinion. The Government further reports that the number of requests during the period 2011–15 remained limited and that during the period 2011–April 2016, discrimination was found in two cases for reasons of birth and the raising of children or the wish to start a family in the future. Regarding judicial or administrative decisions relating to the “objective reason exception”, the Government indicates that it has no additional information in this regard. The Committee notes these explanations and encourages the Government to monitor closely the practical application and enforcement of the Equal Treatment (Working Hours) Act, so as to ensure that the criteria for the “objective reason exception” in the Act are strictly applied and workers with family responsibilities receive adequate protection against discrimination, in practice.

Article 4. Working-time arrangements. The Committee notes that the Act on Flexible Work entered into force on 1 January 2016 and grants the employee the right to change his or her total working hours or change the working schedule, which the employer can only refuse in case of serious economic or organizational consequences. The Act also allows the employee to ask permission to change workplace, which the employer can refuse after a discussion with the employee. The Committee notes the statistics provided by the Government regarding the research by the Institute which indicate the following percentage of employees working from home from time to time increased from 31 to 36 per cent during the period 2002–12; the number of hours worked from home increased during the same period from an average of six to eight hours a week; and men (39 per cent) more often work from home than women (32 per cent), as well as higher educated employees (55 to 66 per cent compared to only 25 per cent for lower educated employees). The most prevalent reasons are that employees want to finish their workload (43 per cent), combine work and care (12 per cent) or minimize travel time (11 per cent). The research also shows that working from home most often occurs in the “education” and “services” sectors. The share of employees that is allowed to work flexible hours has varied between 36 and 40 per cent during 2002–12. The Committee notes the concerns raised by FNV and CNV that the Act on Flexible Work does not apply to enterprises with fewer than ten employees, and that the Government indicates in this regard that there are no policies specifically addressing this group of employees. The Government also states that no statistics are available on these enterprises. Noting that the advice published in January 2016 by the Social Economic Council (SER) emphasized the importance of organizing time better and commended the adoption of the Act on Flexible Work, the Committee also encourages the Government to study and collect statistics in relation to enterprises with fewer than ten employees in relation to their own arrangements regarding the adjustment of the hours of work. The Government is also asked to provide information in this respect, as well as on any measures taken, together with the social partners, to encourage these enterprises to allow flexible working-time arrangements for workers with family responsibilities. The Committee also asks the Government to collect statistics on the number of men and women employed in enterprises with fewer than ten employees.

Article 7. Vocational guidance and training. The Committee recalls the need to improve the educational and training opportunities of women working part time, with a view to improving possibilities of full-time employment and job security of workers with family responsibilities. The Committee notes that according to FNV and CNV, women continue to be overrepresented in part-time work and temporary contracts with limited career prospects due to fewer educational and training opportunities. The Committee notes the information provided by the Government on the arrangements in the context of the project “Power on Tour” to raise awareness about economic independence and to stimulate women to work more hours, and on the lifelong learning policies aimed at improving educational and training opportunities for the adult population, including part-time workers. It notes in particular that in upper-secondary and higher vocational education, flexible and modularized learning pathways are being developed to make vocational education more accessible, and that in higher education, two-year associate degree programmes have been introduced which, according to the Government, help all adults, including part-time workers, to achieve new vocational qualifications. The Sectoral Education and Training Funds also support employers in finding and (partially) financing suitable training for their employees. The Committee asks the Government to continue to provide information on the measures taken, and the results achieved, to address the concentration of women in part-time work and to increase their possibilities for full-time employment. It also requests the Government to provide statistics disaggregated by sex on the participation of men and women part-time workers in lifelong learning activities, including the two-year associate degree programmes, and the vocational qualifications obtained.

Article 8. Protection against dismissal. The Committee notes the information provided by the Government in reply to its previous request for information regarding the practical application of section 670(7) of the Civil Code (which prohibits the employer from terminating a labour contract on the ground that the employee has exercised his or her right to leave entitlements.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations by the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) received on 31 August 2016.

Article 4 of the Convention. Leave entitlements for men and women workers with family responsibilities. The Committee recalls its previous comments in which it noted the need to promote a more equitable sharing of family responsibilities between men and women, especially in a national context where two-thirds of women work part time. The Committee notes that, in its report, the Government indicates that leave arrangements aim to facilitate a better combination of work and care tasks, and that flexible arrangements and part-time contracts make it possible to combine work and care and other responsibilities. The Committee notes that the Act of 17 December 2014 amending the Work and Care Act and the Act on Working Hours entered into force on 1 January 2015, and that the amendments introduce, among other things, a transferable maternity leave for the partner when the mother dies during childbirth (or shortly after) (section 3:1a(1)). Women have also been granted the possibility to take up the last weeks of maternity leave (from the seventh week after birth) part time and to spread it over a longer period (section 3:1(6)). The Government also reports that the father or the partner has been granted an extended right to take three days’ unpaid leave after the birth of the child, which the employer cannot refuse, and that the statutory right to paternity leave will be further extended from two to five days’ paid leave. Regarding parental leave (full time or part-time – 26 weeks for each child under 8 years of age), the Government indicates that the requirement to be employed for at least a year has been deleted. Regarding short-term leave in case of emergencies and special personal circumstances, paid leave will also be possible for medical reasons (visit to a doctor or hospital or accompanying others) (section 4:1(2)(c)). Long-term leave has been expanded to cover not only care for the terminally ill but also for the ill in need of care (section 5:9), and the ten days short-term leave has been expanded to cover also care for second-degree family members and social relations (section 5:1 (2)). Regarding the take-up of leave entitlements, the Committee notes from the statistics provided by the Government that in 2013, 38,000 women and 27,000 men took short-term leave (compared to 36,000 women and 35,000 men in 2009); further, 3,000 men and 5,000 women took long-term care leave. Furthermore, parental leave was still taken up substantially more by women than by men employees (71,000 women employees and 29,000 men employees) although the overall take up has been steadily increasing since 2009 (41,000 women and 19,000 men employees).

The Committee notes that FNV and CNV express concern at the lack of paid care leave and severe budget cuts, including the fact that the Act on tax reduction for parental leave has been abolished. According to FNV and CNV, the high percentage of women in part-time jobs is related to relative expensive childcare and the lack of paid parental and paternity leave. Therefore long-term leave and parental leave should be paid leave, and paid leave for fathers after childbirth should be increased to ten days. Regarding care for other members of the family, FNV and CNV maintain that unpaid long-term care leave is not a solution for every worker with long-term care responsibilities. Referring to the amendments of the Social Support Act and the Long-Term Care Act, which entered into force on 1 January 2015, they indicate that these were accompanied with severe budget cuts in social support and long-term care for elderly people and people with disabilities. The Committee notes that in October 2016, the Social Economic Council (SER) published the advice “A working combination” in which it makes proposals to (i) organize time better; (ii) create effective day-care arrangements for school-age children; (iii) optimize leave take up in the first year after the birth of a child; (iv) improve the combination of work and care for persons in need; (v) improve lifelong learning; and (vi) develop a market for personal services. Recalling the importance of equitable sharing of family responsibilities between men and women, the Committee asks the Government to adopt effective measures to encourage the take up of leave arrangements by both men and women workers with family responsibilities, and provide information in this regard as well as on any follow-up given to the recommendations by the SER to optimize leave take up, especially among fathers. In view of the repeated observations by the trade unions that in order to meet the needs of the employees, long-term leave and paternal leave should be paid leave, the Committee asks the Government to hold consultations with the social partners with a view to ensuring that leave entitlements are effective in enabling men and women to undertake without discrimination their family responsibilities, for example through granting paid long-term care leave and additional paid leave for fathers after childbirth (ten days), and to report on the progress made. Further, the Committee asks the Government to continue to provide information, disaggregated by sex, on the number of employees exercising their right to the various leave entitlements under the Work and Care Act.

Article 5. Childcare and family services and facilities. The Committee recalls the importance of ensuring that family services and facilities meet workers’ needs and preferences. It also recalls that in its previous comments it had noted that the use of informal childcare had decreased but that efforts were needed to improve the affordability and quality of childcare services. The Committee notes the statistics provided by the Government in its report on the average number of children from single parent families and two-parent families, using the different type of childcare facilities in 2015 (day-care centres for children under the age of 4; after-school care for school-aged children; and childminders). The data show that day-care centres and out-of-school care are the facilities most used. The Government also reports that at the end of 2015, there were 427,000 households that received a federal childcare subsidy. Regarding the quality of childcare, the Government indicates that the Ministry of Social Affairs and Employment sets quality standards for childcare services and the public health service monitors the safety of childcare and compliance with standards. In its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government also states that it is making efforts to improve the quality of childcare through stimulating parental involvement, raising stability and improving staff quality. To improve accessibility and affordability, fiscal incentives included an increase in the childcare allowance for families in which both parents work and make use of formal childcare (the employed person tax credit), and the extension to six months of the eligibility for childcare allowance during unemployment in 2016. In addition, the “income-based combination deduction” specifically aims at encouraging the secondary earner in the family, in practice mostly women, with children under 12 years of age to work and work more hours. The Committee notes that FNV and CNV observe that after the initial investments to make childcare more affordable, childcare has become more expensive for middle-income working families following severe budget cuts due to the financial crisis. This resulted in an increase of informal childcare arrangements. The FNV and CNV further indicate that in January 2016, the Social Economic Council (SER) recommended that stricter criteria for assessing training and education of care workers be established, care work be further professionalized and administrative procedures for care workers be decreased. The SER also advised that the reasons for the decreased use of formal childcare services be investigated, along with how accessibility, especially for lower income groups, could be improved. The FNV and CNV further state that the Netherlands Bureau of Economic Policy Analysis found that the supplement for childcare – which would increase in 2017 – would mainly benefit high-income groups already working many hours. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the availability of affordable and accessible childcare services and facilities including their utilization, that would allow the Committee to assess the progress made since 2015. It also asks the Government to indicate any follow-up to the SER advice to professionalize care work and improve the education and training of care workers, with a view to improving the quality of care. The Committee further encourages the Government to undertake studies or surveys assessing whether the Childcare Act in fact responds to the specific needs and preferences of workers with family responsibilities in both low- and middle-income groups for childcare services and facilities, and to report on the progress made in this regard. The Committee also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. National policy. The Committee recalls the Government’s previous indication that the criteria for the “objective reason exception” in the Equal Treatment (Working Hours) Act of 1996 were formulated strictly in order to ensure that workers with family responsibilities receive adequate protection against discrimination. The Committee notes the Government’s indication that the Equal Treatment Commission (ETC) conducted the second evaluation of the Equal Treatment (Working Hours) Act for the period from 1 November 2001 to 1 November 2006, and that the ETC concluded that the Act is very workable in practice. The Government also indicates that the application of the Equal Treatment (Working Hours) Act contributes to achieving a more flexible working-hour pattern and enhancing the possibilities of combining work and care. The Committee asks the Government to continue to provide information on the practical application and enforcement of the Equal Treatment (Working Hours) Act, including any judicial and administrative decisions concerning cases where family responsibilities have been considered an objective reason to discriminate against employees on the basis of their working hours.

Article 4. Working-time arrangements. The Committee recalls the Working Hours (Adjustment) Act of 2000, giving the right to employees and civil servants to increase or reduce their working hours. It notes the Government’s indication that it has no statistical information on the number of employees requesting reduced working hours in order to better combine work with family responsibilities; an evaluation carried out in 2008 shows that over the previous two years, nine out of ten employers received such requests, and in the majority of cases, agreement was reached between employers and employees; however, the evaluation gives no indication that employees in small or medium-sized businesses face special difficulties in realizing their preferred working time. It also notes the Government’s indication that, instead of promoting parental leave, the Government is developing a programme “Modern Employership” to encourage employers to offer their employees a broad range of human resource management instruments for combining work and family life, including flexible working-time arrangements. The Committee asks the Government to provide information on the flexible working-time arrangements, including statistical information disaggregated by sex, on the number of beneficiaries of such arrangements. It also asks the Government to provide information on any research or studies specifically examining enterprises with fewer than ten employees, on their own arrangements regarding the adjustment of the hours of work, as well as any measures taken, together with the social partners, to encourage these enterprises to allow flexible working-time arrangements for workers with family responsibilities.

Article 8. Protection against dismissal on the grounds of family responsibilities. The Committee notes the Government’s indication that, according to section 670(7) of the Civil Code, the employer cannot terminate the labour contract on the ground that the employee has exercised his or her right to leave entitlements (leave in case of adoption or leave for inclusion of a foster child, short-term or long-term care leave or parental leave, as provided for in the Work and Care Act). The Committee asks the Government to provide information on the practical application of section 670(7) of the Civil Code, including any judicial or administrative decisions.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication dated 31 August 2011 from the Netherlands Trade Union Federation (FNV).

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee recalls that the Work and Care Act of 2001 provides for pregnancy and maternity leave, paternity leave, parental leave, emergency and other short-term leave to care for a sick child, foster child, partner or parent at home, and long-term leave to care for a partner, child or parent with a life-threatening illness. It notes the statistical information provided by the Government that the taking up of emergency leave by women is slightly higher than that of men (34 per cent versus 29 per cent of total employees); for short-term leave, 12 per cent of women compared with 10 per cent of men, but in 2009 it was almost equal, as 36,000 female employees and 35,000 male employees took short-term leave; the actual use of long-term leave by female employees is twice as high as that of male employees (4 per cent compared to 2 per cent); parental leave was taken substantially more by female than by male employees in 2009 (41,000 female employees and 19,000 male employees); the number of men taking parental leave was 10,000, having almost doubled in 2009, and the number of men using their entitlements is sharply increasing. The Government indicates that research shows that parental leave is one of the least favoured instruments by parents, as compared to flexible working-time arrangements and better school hours; therefore the Government sees no reason to select parental leave as an instrument to be promoted. In this connection, the Committee notes the observations by FNV that long-term care leave is hardly ever used, because it is unpaid and conditions are rigid; there are only two options: six weeks’ full-time leave or 12 weeks’ half-time leave. According to the FNV, parental leave is largely unpaid although it allows a tax reduction of a maximum of 50 per cent of the minimum wage during the period of leave. The FNV further indicates that the Government has submitted a draft law to the Parliament to make long-term care leave and parental leave more flexible, and to allow workers to take parental leave in parts. However, the Government is proposing to abolish the tax reduction during parental leave. The FNV considers that long-term care leave and parental leave should be paid leave, and that two days’ paid leave for fathers after childbirth is far too short, thus it should be increased to ten days of paid leave. Recalling the importance of equitable sharing of family responsibilities between men and women, the Committee asks the Government to indicate the measures taken or envisaged to address the underlying reasons for the low take up of the leave as raised by the FNV. It also asks the Government to provide information on the draft law with regard to long-term care leave and parental leave, and progress made in its adoption, as well as on whether any consideration is being given to additional paid leave for fathers after childbirth with a view to taking into account the needs of employees. Further, please continue to provide information, disaggregated by sex, on the number of employees exercising their right to the various leave entitlements under the Work and Care Act.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that research into the use of informal and formal childcare services was conducted by Statistics Netherlands (CBS) in 2009, showing that for couples who both work full time or have part-time jobs of 24–35 hours per week, formal childcare services are becoming increasingly important. It also notes the Government’s indication that informal childcare services are being used less and less; since the adoption of the Childcare Act in 2005, childcare arrangements are no longer provided for in collective agreements, and the employers’ mandatory contribution constitutes almost one third of the total costs of the childcare services. In this connection, the Committee notes the observations by the FNV that, due to the adoption of the Childcare Act, some of the informal childcare arrangements have been formalized, thus decreasing the use of informal childcare. The FNV states that the costs of childcare are uncertain due to change in regulations; the quality of childcare facilities is not always good and the monitoring of the quality is insufficient; in certain parts of the Netherlands, long waiting lists still exist; and for these reasons, many parents are still making use of informal childcare. It also states that the contribution by the employers to the costs of childcare is not one third, but 22 per cent only. It further states that, due to a lack of good quality and affordable facilities, women choose to work in small part-time jobs, which hinders their careers and prevents them from acquiring financial independence. Recalling the importance of ensuring that family services and facilities meet workers’ needs and preferences, the Committee asks the Government to provide statistical information on the availability of affordable and accessible childcare services and facilities including their utilization that would allow the Committee to assess the progress made over time, including: (i) the number of workers with family responsibilities making use of the existing child and family care institutions; (ii) the number and age of children requiring care; and (iii) any studies or surveys assessing whether the Childcare Act in fact responds to the specific needs and preferences of workers with family responsibilities of both low- and middle-income groups for childcare services and facilities. It also asks the Government to provide information on any measures taken to ensure the quality of childcare facilities and services. The Committee also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 7. Vocational guidance and training. The Committee recalls its previous requests regarding measures to assist women to enter, re-enter and remain in the labour force. The Committee notes the Government’s indication that no reliable figures are currently available regarding the number of women with family responsibilities participating in the Working–Learning Project who have been placed and remained in the labour market. It notes the Government’s indication that 3–4 per cent of women working less than 27 hours, and 14 per cent of those working 28–34 hours would like to have full-time employment (35 hours or more), according to the Dutch Labour Force Survey. The Government adds that, since 50 per cent of women working 12 hours or more were already working part time even before taking on care responsibilities for children, for a substantial proportion of women, a return to full-time employment is not relevant. It further indicates that the Taskforce Part-time Plus, which was established by the Government to encourage an increase in the working hours of women, concluded that the main factor for the strong preference of women to work part time lies in the broad social acceptance and availability of part-time work, in combination with social pressure on women to work part time, in particular in terms of care responsibilities. In this connection, the Committee notes the observations by the FNV that, according to some research, employers invest more in full-time workers, still largely men, and less in part-time workers who combine work and family responsibilities. With regard to the economic sectors for which collective agreements allow employers to deviate from the Working Hours (Adjustment) Act, the Committee notes the Government’s indication that most provisions in collective agreements which are in deviation of the Act are in favour of employees; in 2009, however, two agreements were found which limited the right of employees to increase their working hours: one requires positive performance of the employee, and the other allows the employer not to take the employee’s request into consideration. The Committee asks the Government to indicate any measures taken or envisaged to address the issues of female concentration in part-time work, and to improve educational and training opportunities for part-time workers, with a view to improving the possibilities of full-time employment and job security of workers with family responsibilities through strengthening their occupational qualifications, as well as the results achieved.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the comments attached to the Government’s report of the Trade Union Confederation Middle Categories and Senior Staff Unions (MHP) of 17 August 2006 and the Confederation of Netherlands Industry and Employers (VNO–NCW) of 13 July 2006 concerning the application of the Convention.

1. Article 3 of the Convention. Protection against discrimination. With respect to its previous comments on the practical application of the Equal Treatment (Working Hours) Act of 1996, the Committee notes the information provided by the Government regarding the criteria used to test the “objective reasons” exception in the Act which, according to the Government, are in line with those applied in the context of other equal treatment legislation and the case law of the European Court of Justice. The Government indicates that the criteria for the objective reason exception were formulated strictly in order to ensure that workers with family responsibilities receive adequate protection against discrimination. The Committee further notes the conclusions of the evaluation undertaken by the Equal Treatment Commission (ETC) in 2004 that the Equal Treatment (Working Hours) Act is well applied in practice and that employers, the Government and parties to collective agreements are complying overall with the rulings of the ETC. The Committee asks the Government to continue to provide information on the practical application and enforcement of the Act, including any judicial and administrative decisions concerning cases where family responsibilities have been considered an objective reason to discriminate against employees on the basis of their working hours.

2. Article 4(b) Terms and conditions of employment. Leave arrangements. The Committee notes with interest the adoption of the Work and Care Act of 2001. The Act provides for pregnancy and maternity leave, paternity leave, parental leave, emergency and other short-term leave to care for a sick child, foster child, partner or parent at home, and long‑term leave to care for a partner, child or parent with a life-threatening illness. It also provides for a partial payment in the form of wages or a benefit, except for parental leave and long-term care leave. Further, with regard to leave arrangements, and in particular regarding the practical application of the amendment to the Civil Code and the new civil service regulations providing greater flexibility with respect to parental leave, especially for part-time workers, the Committee notes the information in the Government’s report that women take parental leave more often than men (42 per cent compared to 16 per cent respectively in 2003). The uptake of parental leave is the greatest among employees, mostly women, working between 21 and 32 hours a week (41 per cent of those entitled). Those employees, mostly women, working less than 20 hours and those men and women working more than 32 hours take less leave than the average number of employees. However, in sectors where parental leave is partly paid by the employer, more men make use of the parental leave provisions. The Committee notes in this regard that, as of January 2006, a right to save under the life-course savings scheme was included in the Work and Care Act allowing employees who wish to do so to build up a tax-facilitated balance that can be used to fund periods of unpaid leave. The Committee asks the Government to provide information disaggregated by sex and type of contract (full time or part time), on the number of employees exercising their right to the various leave entitlements under the Work and Care Act. In light of the fact that mostly women make use of the parental leave provisions, please also indicate whether there are any publicity campaigns designed to encourage fathers to use the provisions.

3. Working time arrangements. The Committee notes the Working Hours (Adjustment) Act of 2000 giving the right to employees and civil servants to increase or reduce their working hours. Exceptions are only possible if such a reduction or increase would lead to serious problems in terms of damage to substantial operational or departmental interests. If an employee disagrees with a decision he or she can take the matter to court. The Committee notes that the Act does not apply to organizations with fewer than ten employees, which are obliged to make their own arrangements regarding the adjustment of the hours of work. The Committee asks the Government to provide an information on the following: (1) the number of men and women requesting reduced working hours in order to better combine work with family responsibilities; and (2) the measures taken, together with the social partners, to encourage enterprises with less then ten employees to allow flexible working time arrangements for workers with family responsibilities.

4. Article 5. Childcare facilities. With respect to its previous comments concerning the measures taken to provide childcare in the private and public sectors, the Committee notes the statistical information regarding the further expansion of the childcare capacity from 1999 to 2004. It also notes the adoption of the Childcare Act in 2005, following which the Government no longer subsidizes the supply of childcare places. Instead, the Act provides a statutory right to a childcare supplement, which is income-related, for parents who are working or studying and for parents who belong to specific groups. The Committee notes that as of 1 January 2007 the employers’ contribution under the Act has become mandatory and the Government’s contribution has increased to one third. The Committee further notes the statements made by the MHP that no analysis has yet been made of the effects of the Childcare Act in practice and that informal childcare is still used to a very large extent. The MHP suggests that the law might not yet be optimally functioning because childcare has mainly become less costly for low-income groups but only to a lesser extent for middle-income groups. The Committee further notes that the Labour Foundation has recommended in the past that concerned parties to collective agreements regulate childcare arrangements that are sufficient and, if necessary, reconsider existing regulations. The Committee asks the Government to provide information on the following: (1) the practical effects of the Childcare Act, including any studies or surveys assessing whether the Act in fact responds to the specific needs and preferences of workers with family responsibilities of both low- and middle-income groups for childcare services and facilities; (2) the reasons why still many workers with family responsibilities still appear to make more use of informal childcare services. Please also provide copies of collective agreements including provisions concerning childcare arrangements.

5. Article 6. Promotional and educational measures. The Committee notes the information on the broad consultations with a variety of organizations, including the Netherlands Family Council, held on balancing work and care which resulted in the adoption of the Work and Care Act in 2001 (see also point 2 of this direct request). The Committee asks the Government to indicate whether there are any other campaigns to promote in general the concept of sharing family responsibility between men and women and to educate and inform the public about the objectives of the Convention.

6. Article 7. Measures to enter, to remain in and to re-enter the labour force. Training. With reference to its previous comments, the Committee notes the information provided by the Government on the privatization of the women’s training centres running adult education and reintegration courses. Given the success of these training centres noted in the past, the Committee hopes that the services offered and results achieved will continue to be as effective. The Committee further notes from the Government’s report that women’s and adult education is a key focus of the Working–Learning Project and that almost half the participants in adult education are women, mainly over 45 years of age. However, women take fewer work-related training courses paid by their employer than men, and poorly educated, mostly migrant, women, participate less in adult education than more highly educated women. The Committee asks the Government to indicate the number of women with family responsibilities participating in the Working–Learning Project who have been placed and remained in the labour market and on the measures taken to increase the number of poorly educated and migrant women in adult education. Please also provide information on the reasons why women take fewer work-related training courses paid by the employer.

7. Measures to enter, to remain in and to re-enter the labour force. Employment. With respect to other measures taken to enable workers with family responsibilities to enter, to remain in or to re-enter the labour force, the Committee notes the comments by the VNO–NCW that measures to combine work and care still mainly take the form of part-time employment. The Committee indeed notes from the 2007 report of the study group “Equal Pay Works!” that 49.8 per cent of the women working in the Netherlands in 2005 were employed part time. The Committee further notes that the Working Hours (Adjustment) Act provides for the right to request an increase in working hours that can only be denied if this would cause serious problems of a financial or organizational nature. However, companies may deviate from these regulations if this has been agreed upon in a collective agreement. If there is no agreement on this issue, the employer can deviate from the law on the condition that a written approval is obtained from the works council or staff representatives. The Committee asks the Government to indicate the following in its next report: (1) the number of men and women wishing to return to full-time employment and requesting an increase in working hours, as well as information on any court decisions regarding refusal of an increase in working hours; (2) the economic sectors for which collective agreements allow employers to deviate from the Working Hours (Adjustment) Act and to provide copies of such collective agreements; and (3) in view of the increased capacity of childcare facilities and the special leave and flexible working time arrangements, whether any evaluation has been done of the reasons, why workers with family responsibilities, particularly women, continue to consider part-time employment the best possible option to combine work and family responsibilities.

8. Article 8. Protection against dismissal. With respect to its previous comments concerning the protection against dismissal on the basis of family responsibilities of civil servants on permanent and temporary contracts, the Committee notes the Government’s statement that the same regulations that apply to other employees generally apply to civil servants. The Committee further notes that, according to the Government, the Work and Care Act provides that an employer (public or private) may not terminate a permanent or temporary employment contract because an employee exercises his or her right to leave entitlements provided for in the Act. The Committee asks the Government to indicate in its next report the specific provisions of the Work and Care Act providing this protection against dismissal and to provide information on their practical application, including any judicial or administrative decisions.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1. The Committee notes with interest the enactment of the Equal Treatment (Working Hours) Act of 1 November 1996, which guarantees equal treatment for full-time and part-time employees in respect of their terms and conditions of employment, including the conditions in which they enter, extend or terminate the contractual employment relationship. The Committee notes that the Act prohibits employers from discriminating against their employees on the basis of their working hours, unless there are objective reasons for doing so. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the objective reason exception to the non-discrimination provision in the Act does not operate to disadvantage workers with family responsibilities. The Committee would also be grateful if the Government would continue to provide information regarding the practical application and enforcement of the Act.

2. The Committee notes with interest the amendment on 1 July 1997 of the Civil Code [new section 7:644] to provide greater flexibility and coverage to workers with family responsibilities. The amendments increased the protection previously afforded to part-time workers by abolishing the requirement that employees work a minimum of 20 hours per week in order to be eligible for parental leave and by increasing the hours of parental leave to which part-time workers are entitled. The new Civil Code also provides that employees may request permission from their employers to use their leave time in a more flexible manner and permit the leave entitlement to be used until the child turns 8 (previously 4). The Committee would appreciate receiving information in the Government’s next report on the practical application of these provisions and their impact, if any, on the number of men taking paternal leave in the Netherlands.

3. The Committee notes from the report that work has been initiated in connection with the drafting of the Work and Care Bill, which is expected to coordinate and expand upon existing statutory leave allowance schemes, supplementing existing emergency care leave by introducing a care giver’s leave entitlement which would enable employees to care for their children or other family members in the event of illness. The Committee also notes the enactment of the Career Break (Funding) Act on 1 October 1998, which permits civil servants and other employees to take subsidized leave to care for their families or to further their education.

4. Article 2. The Committee notes the Government’s statement that the General Civil Service regulations and most other sectoral regulations governing employees’ rights no longer require an employee to work a minimum number of hours before he or she will be eligible for unpaid parental leave. Employees may now also take full-time parental leave. The Committee would be grateful if the Government would supply information in its next report on the application of the new civil service regulations, indicating the number of men and women workers that elect to take parental leave.

5. Article 5. The Committee notes with interest the various childcare incentive schemes promoted by the Government, particularly those designed to encourage employers to provide childcare facilities for their employees, as well as those providing for childcare and after school care for children of single parents on social assistance who seek to pursue studies or enter the work force. With regard to the Government’s undertaking to increase the number of childcare centres, the Committee notes the establishment of the incentive fund and tax incentives contemplated under the Government policy accord of mid-1998. The Committee would be grateful if the Government would provide information in its next report on the progress achieved in this regard, including the availability of childcare in the public sector on which the Committee requested information in its previous comment.

6. Article 6. The Committee notes from the report that the Government policy accord of 1998 examines ways of enabling workers to balance professional and family responsibilities more satisfactorily and that (in follow-up to a discussion paper on the subject) consultations with interested stakeholders are being carried out to explore methods of achieving these goals. According to the report, a bill will be drafted as soon as consultations are completed. The Committee requests the Government to continue to supply information with regard to measures taken to educate or inform the public about the objectives of the Convention, including any initiatives taken or promoted by the Netherlands Family Council.

7. Article 7. The Committee notes from the report that women’s training centres have enjoyed a high rate of success, with 80 per cent of students in such centres finding work within a year and with the vast majority of those placed remaining in the labour market. The Committee notes the 1998 statistics provided by the Government, indicating that, of the 1,600 women attending a women’s training centre, 60 per cent had children living at home. The Committee would be grateful if the Government would continue to provide information on the services offered and the results achieved by these training centres.

8. Article 8. The Committee notes the Government’s explanations regarding the grounds on which civil servants employed on permanent contracts may be dismissed and that these grounds do not contemplate dismissal for taking maternity or parental leave. The Committee requests the Government to indicate whether the regulations governing the employment of civil servants on permanent contracts expressly prohibit dismissal on grounds of family responsibilities. It would also appreciate the Government supplying information on any measures taken to protect civil servants on temporary contracts from being dismissed due to their family responsibilities.

9. The Committee notes the summaries of sub-district court judgements provided in the report. In this regard, it notes the Government’s statements regarding the need to enact legislation concerning working hours. The Government indicates that a Bill is currently being drafted which will give employees a provisional right to change the number of hours that they work, in order to permit employees to balance their work and family responsibilities more efficiently. The Committee would be grateful if the Government would provide information on developments of the Bill and to supply a copy with its next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has noted with interest the information contained in the report of the Government and attached documents, supplied in reply to its previous comments.

Article 1 of the Convention. The Committee has noted the provisions of the Parental Leave Act of 1990 concerning children born out of marriage, adopted children and acknowleged children. The Committee would be grateful if the Government would provide information on any further measures to assist workers with responsibilities in relation to members of their immediate family in need of care or support, other than children.

Article 2. The Committee notes the explanation provided by the Government for excluding certain part-time personnel in the civil service from the right to part-time parental leave. It requests the Government to indicate whether this right has now been extended to the hospital personnel previously excluded and to provide, in its future reports, information on any developments or studies concerning the use of this right.

Article 4. The Committee notes with interest the clarification provided on the eligibility of sole parents to reductions in their level of taxation through "sole income premiums". The Committee requests the Government to continue to provide information in its future reports on any additional measures taken with a view to meeting the needs of those workers covered by the Convention, in respect of their terms and conditions of employment and in social security.

Article 5. Having noted with interest the increased availability of child care in the public sector (resulting from the 1991 Sectoral Consultations for State Employees), the Committee would be grateful if the Government would continue to furnish updated information on progress towards the goal of having 1,500 places by 1995. In addition, the Committee requests the Government to continue to furnish information concerning the implementation of the "Measure for Promoting Day Care For Children".

Article 6. The Committee would be grateful if the Government would provide information concerning any measures taken in future to educate or inform the community about the objectives of the Convention, including any initiatives taken in this regard by the Netherlands Family Council.

Article 7. The Committee has noted with interest the decision to integrate the training and orientation programmes developed by the Women and Work Exchanges, into the services of the Regional Employment Boards of the national employment service. It has also noted that special short-term vocational training courses for re-entrant women have been developed by nine Women's Vocational Training Centres, which can provide facilities to care for the children of trainees. The Committee requests the Government to continue to provide information concerning the numbers of women trained and employed as a result of these initiatives.

Article 8. The Committee has noted the assurance of the Government concerning the adequacy of the existing system of protecting civil servants employed on permanent contracts from dismissal on the grounds of family responsibilities. The Committee would be grateful if the Government would clarify the meaning of the term "closed system of dismissals" and would indicate whether measures exist to protect persons employed on other types of contracts from dismissal on this ground.

Article 11. The Committee has noted with interest that, pursuant to the 1989 Community Policy Framework, drawn up between the Cabinet and the social partners, efforts have been taken to improve the position of women in employment, including a study by the Collective Employment Conditions Service of collective agreements that include measures pertinent to the application of the Convention. The Committee requests the Government to indicate any further action taken with the employers' and workers' organizations to foster the application of the Convention through the bargaining process.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee would be grateful if the Government would provide in its next report information on how the term "other members of their immediate family who clearly need care or support" is defined for purposes of applying the terms of the Convention.

Article 2. The Committee notes that workers employed for less than 20 hours a week and civil servants working less than 16 hours per week are excluded from entitlement to parental leave, both under the Parental Leave Act of 1990 and the civil service regulations. It also notes the temporary exclusion of employees of teaching hospitals from the provisions of the Parental Leave Act of 1990. The Committee would be grateful if the Government would provide information in future reports on any measures taken or contemplated to extend such coverage to those workers excluded from the above-mentioned provisions. It also requests the Government to kindly indicate whether the Parental Leave Act of 1990 covers employees regardless of their form of employment or whether it only covers employees who are employed in the formal legal sense pursuant to sections 1637(d) et seq. of the Labour Code.

Article 3. The Committee notes from the Government's report that the Cabinet issued a policy statement on 24 December 1985, entitled "Combining parenthood with paid employment". It would be grateful if the Government would kindly attach a copy of said policy statement with its next report.

The Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to be employed without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities for members of their immediate family other than children.

Article 4. The Committee would be grateful if the Government would continue to supply in future reports information on measures which have been taken or are contemplated, in addition to maternity and parental leaves, to enable working parents to better integrate their work and family responsibilities, such as working time reduction, leave for taking care of sick children, flexible working hours, or the possibility to work at home. It also requests the Government to provide information on any social security benefits which exist or are contemplated to enable workers with family responsibilities to better combine their work and family responsibilities of dependent children as well as of other members of their immediate family who clearly need care or support. In this connection, it would be grateful for information, if it is available, on the types of "sole income-earner premiums" which exist in tax or social security legislation and the eligibility requirements for these premiums. Further, the Committee requests the Government to provide information on the eligibility requirements for subsidized day care and on the demand for such subsidization.

Article 5. The Committee notes the information in the Government's report concerning the provision of child care and it requests the Government to indicate in its next report whether the child-care facilities meet the present demand for such facilities and, if not, whether measures are being taken or contemplated to attempt to satisfy this demand. In this regard the Committee requests the Government to keep it informed of the implementation of the Government's policy on child care, including any evaluation of the implementation of said policy and progress achieved in this respect. The Committee would also be grateful if the Government would indicate whether any family services other than child care exist to assist workers in reconciling their work and family responsibilities with dependants other than children.

Article 6. The Committee notes from the Government's report that information has been distributed in the country on issues concerning equality of opportunity and treatment between men and women. It requests the Government to kindly provide information on any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities.

Article 8. The Government's report indicates that employees can never be dismissed on the grounds that they have taken parental leave. The Committee would be grateful if the Government would provide in its next report the provisions which establish this protection as well as information on any other measures existing to protect workers against dismissal on the grounds of family responsibilities.

Article 11. The Government's report indicates that the legislative authority has commissioned employers to administer the process of safeguarding and promoting the implementation of the Convention. The Committee requests the Government to indicate how the employers implement the provisions of the Convention as well as the manner in which the workers' organizations are included in this administration and application process.

Point I of the report form. The Committee would be grateful if the Government would provide copies of the following texts: all amendments to section 46 of the General Civil Service Regulations since 1982; sections 32(c) and 33(c) of the Labour Agreements Decree and all amendments to those articles since their adoption; all amendments to section 81 of the Civil Service Regulations of the States General since 1979, and all amendments to section 21 of the Civil Service Salaries Order since 1983.

Point V of the report form. The Committee would be grateful if the Government would provide copies of parts I and II of the results of the study carried out by the Service on Collective Standards (DCA) and the Technical Service on Wages (LTD) on the steps that were undertaken in 1990 in individual businesses and collective agreements to improve the position of women in companies.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information contained in the Government's first report. It would like to draw attention to the following points:

Article 4. The Committee would be grateful if the Government would continue to supply in future reports information on measures which have been taken or are contemplated, in addition to maternity and parental leaves, to enable working parents to better integrate their work and family responsibilities, such as working time reduction, leave for taking care of sick children, flexible working hours, or the possibility to work at home. It also requests the Government to provide information on any social security benefits which exist or are contemplated to enable workers with family responsibilities to better combine their work and family responsibilities of dependent children as well as of other members of their immediate family who clearly need care or support. In this connection, it would be grateful for information, if it is available, on the types of "sole income-earner premiums" which exist in tax or social security legislation and the eligibility requirements for these premiums. Further, the Committee requests the Government to provide information on the eligibility requirements for subsidised day care and on the demand for such subsidisation.

Article 11. The Government's report indicates that the legislative authority has commissioned employers to administer the process of safeguarding and promoting the implementation of the Convention. The Committee requests the Government to indicate how the employers implement the provisions of the Convention as well as the manner in which the workers' organisations are included in this administration and application process.