Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Equal Remuneration Convention, 1951 (No. 100) - Netherlands (Ratification: 1971)

1. Further to its observation, the Committee notes the information provided by the Government concerning the entry into force on 1 September 1994 of the Equal Treatment Act, which prohibits direct and indirect discrimination on the basis of, inter alia, sex in the fields of employment, school and career guidance and commercial and other goods and services. It also notes that the Equal Opportunities Act 1989 and section 1637ij of the Civil Code, including the specific rules on equal pay, have remained in force, so that the general rules on sex discrimination contained in the new legislation apply only to cases not covered by the earlier legislation. The Committee also notes that a new Equal Opportunities Commission (set up in September 1994 to deal with cases covered by all of the aforementioned legislation) has more extensive powers than the previous Commission and may, when giving its opinion, make recommendations to the person who is discriminating and ask the courts to give a binding judgement as to whether a particular action conflicts with the legislation. The Committee requests the Government to provide information on the implementation of the legislation and on the activities of the Commission, as these relate to the scope of the Convention. Please provide information on any measures taken to improve the effectiveness of the equality legislation which emanate from the evaluation concluded in December 1995. The Committee would also be grateful for information on the Commission's opinion as to whether the job evaluation system employed in the health care sector is in accordance with the equality legislation.

2. The Committee notes with interest the initiative taken by the inspectorate of the Ministry of Social Affairs and Employment to examine regularly the extent to which the wage gap between men and women can be explained by differences in personal circumstances and jobs. It notes that the survey based on the situation as at October 1993 disclosed that, after adjusting for these differences, the wage gap of 26 per cent was reduced to 9 per cent. Please continue, in future reports, to indicate the results of these reviews.

3. Referring to its previous comments, the Committee notes that an information booklet was published by the Ministry of Social Affairs and Employment in 1995 to encourage works councils to examine whether the principle of equal pay is being applied in their companies and to raise the issue, if necessary, in consultations with the employer or with the Equal Opportunities Commission. Please indicate, in future reports, any further action taken to promote the application of equal pay in collective labour agreements.