Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the Government’s report, the annual inspection report for 2001 and the attached report of the Netherlands Advisory Council on International Affairs for the same period.

The Committee notes with interest that, under the terms of the 1998 Working Conditions Act, which empowers labour inspectors to impose administrative fines based on a published list corresponding to the various types of violations of the law, penalties can be adapted so that they are adequate, within the meaning of Article 18 of the Convention. Fines are increased for repeat offenders and the size of enterprises is also taken into account in setting the level of the penalties. According to the Government, this administrative procedure has the positive effect of substantially decreasing the workload of the courts, and the inspection report for 2001 shows a significant increase in financial penalties in relation to the previous year and a subsequent doubling in the corresponding budget item.

The Committee also notes, in relation to Article 5(b), which provides that the competent authority shall make appropriate arrangements to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations, that the Cabinet and the Labour Foundation have invited employers and workers to enter into agreements to improve working conditions and, as a consequence, reduce the number of people receiving invalidity benefit.

Among other measures to guarantee safety and health at high-risk workplaces, the Government refers to the entry into force of the Decree of 1999, under which high-risk enterprises have to draw up a safety report, and which gave rise to the establishment throughout 2001 of the coordination machinery required for this purpose between the competent bodies concerned.

Finally, the Committee notes that the labour inspection services continue to take action to combat child labour and reported violations relating to both the employment of children between 13 and 15 years of age and the obligation of the employer to provide information and instructions concerning work-related risks.

The Committee would be grateful if the Government would continue providing information on any new measures taken to give effect to the provisions of the Convention, and the impact of such measures on the degree to which the labour legislation on conditions of work and the protection of workers while engaged in their work is applied.