Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Netherlands (Ratification: 1973)

1. Discrimination on the ground of sex. The Committee notes with interest from the Government's reports the entry into force on 1 November 1996 of the Equal Treatment (Working Hours) Act. The Act prohibits discrimination between employees on the ground of difference in the number of hours of work, in the conditions under which the labour contract is concluded, continued or terminated, unless such discrimination is justified in an objective manner. According to the Government, the Act provides a way of challenging inequality of treatment on the ground of holding part-time employment, which is simpler than challenging indirect discrimination on the grounds of sex, and is therefore of particular relevance to women given the fact that they are more likely to work part time. The Committee notes that the Equal Treatment Commission, which is responsible for supervising compliance with the General Equal Treatment Act of 1994, is also responsible for supervising compliance with the new Act. It looks forward to receiving information on the implementation of the new Act.

2. With reference to its previous direct request, the Committee notes the information provided on the composition and functioning of the new Equal Treatment Commission, including the power to accompany its findings with recommendations to the party found guilty of discriminatory acts. The Government states that the aim of issuing such recommendations is to show that there are ways in which the guilty party can act in accordance with the law, without losing sight of the different interests of the parties involved. According to section 15 of the General Equal Treatment Act, the Commission also has the power to request a binding judgement from the courts on whether a particular action is a contravention of the relevant legislation, and the Government states that this can be done, for instance, when the Commission's findings are ignored. The Committee notes that, according to the Government reports, the Commission's annual reports for the 1994-96 period show that the Commission regularly uses its power to issue recommendations while it has not as yet used its power to lodge a case in court. Noting the statistics provided by the Government on the large increase in the number of conclusions issued (70 per cent up in 1996 over 1995) most of which relate to sex discrimination, the Committee asks the Government to provide copies of the annual reports of the Commission so as to enable it to ascertain whether the fact that no cases have been brought to court means that the Commission's conclusions and recommendations are followed in all cases or, rather, that it has not done so for other reasons lying within its discretion.

3. The Committee notes from the Government's reports that an investigation into the effectiveness of the Equal Treatment Act of Men and Women (which exists alongside the General Equal Treatment Act because of its specific character concerning equal pay as implementation legislation of European Community Directives) was completed on behalf of the Ministry of Social Affairs and Employment in December 1995. On the basis of the findings of the investigation, the Government indicates that it intends to take measures, inter alia, to improve the clarity of the existing public information materials and the effectiveness of public information activities in order to increase knowledge and understanding of the legislation, and undertake a study to examine the potential for streamlining the statutory provisions now spread over different Acts. The Committee requests the Government to keep it informed in this respect and provide it with copies of any proposals for amendment or new legislation resulting from these processes.

4. In its previous direct request the Committee had noted the positive action implemented by the Government in favour of employment of women, including the financial assistance scheme designed to assist certain bodies with the necessary expenditure for taking measures concerning women's employment which has worked well in the non-profit sector and in local authorities. Noting that the Women and Technology Consultancy should by now have published its report on the results of approaches made to technical companies encouraging them to use the scheme, the Committee again requests the Government to send information on these findings with its next report.

5. Discrimination on the grounds of colour, race and national extraction. Finally, the Committee notes that the Government's report is silent on one point on which it asked to be kept informed and must therefore repeat part of its previous direct request which read as follows:

The Committee notes that the Netherlands Trade Union Confederation (FNV) commented in favour of the adoption, in 1994, of the Act promoting a proportional employment share for ethnic minorities ("allochtonen" in Dutch) which the Government says obliges employers to produce annual reports on the composition of their workforce and their equality plans for the future. In its report, the Government notes the criticisms made by the Netherlands Employers' Federation (RCO) on this Act of which the Committee has not received details. Noting the information given regarding other measures designed to combat discrimination against ethnic minorities on the labour market, the Committee requests the Government to supplement this information by indicating the level and categories of jobs which have thus been provided, as well as the national extraction of the beneficiaries, and to supply information on the pilot projects established following the policy of career development for women belonging to ethnic minorities.