Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Migration for Employment Convention (Revised), 1949 (No. 97) - Netherlands (Ratification: 1952)

New developments. The Committee notes the legislative and policy changes since the last reporting period. It notes in particular the amendments made to the Foreign nationals (Employment) Act (WAV) introducing administrative penalties for illegally employing migrant workers. In addition, a simplified admission system has been put into place for “knowledge migrants” since 1 October 2004. Furthermore, the Public Employment Service has been succeeded by the Centre for Work and Income (CWI) charged with the implementation of the WAV. Concerning migration trends, the Committee notes that the transitional regime applying to some recent EU countries, except Bulgaria and Romania, has ceased to exist, meaning that nationals from these countries no longer have to apply for work permits. The Committee notes that in addition to the Integration of Newcomers Act, 1998, a number of other legislative measures have been taken aimed at promoting the civic integration of migrant workers in Dutch Society, such as the Civic Integration (Abroad) Act, 2005, and the Civic Integration Act, 2006. The Committee refers in this regard to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to continue to provide updated information on any new policy and legislative measures relevant to the application of the Convention.

Article 6 of the Convention. Equality of treatment and non-discrimination with respect to race, religion and nationality. The Committee notes the extensive information provided by the Government on the number of cases dealt with the by the Equal Treatment Commission involving discrimination based on race or nationality with respect to recruitment and selection of job applicants. The Committee recalls that, in its observations on Convention No. 111, it noted the continuing discrimination of ethnic minorities and immigrant men and women in employment and occupation and questioned the impact and effectiveness of the measures taken in achieving their genuine equality of treatment. The Committee recalls Paragraph 16(1) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), stating that migrants for employment should as far as possible be admitted to employment in the same conditions as nationals. Paragraph 17 of Recommendation No. 86 further provides that in countries where the number of migrants is sufficiently large, their conditions of employment should be specially supervised. With respect to race and ethnic origin discrimination against migrant workers in access to employment, the Committee refers to its 2008 observation on Convention No. 111. The Committee asks the Government to continue to provide information on cases dealt with by courts and the Equal Treatment Commission regarding discrimination of migrant workers, and in particular as regards the matters enumerated in Article 6(1)(a) to (d) of the Convention. The Committee also asks the Government to provide information on any activities carried out by the labour inspection services to monitor conditions of employment of migrant workers, particularly in the sectors in which they are mainly employed, and the results of these activities.

Article 6(1)(b)(ii). Equality of treatment with respect to social security. With respect to its previous comments concerning access to health insurance of asylum seekers and holders of a conditional permit (VVTV), the Committee notes the Government’s explanations that holders of a VVTV are registered under the Health Expenses Scheme for Asylum seekers (ZRA). The ZRA is a claims contract concluded by the Central Agency for the Reception of Asylum Seekers (COA) as a replacement for facilities reimbursed to residents and those considered equivalent to them by the Dutch health insurance fund and pursuant to the Exceptional Medical Expenses Act. Those entitled to have their healthcare expenses reimbursed under the ZRA are foreign nationals who make use of the provisions provided by the COA, unless otherwise specified. The Government further indicates that the COA has a master contract with the health insurer VGZ which specifies the entitlements.

Annex 1. Private recruitment agencies. The Committee notes that a system of self-regulation of private recruitment agencies became fully effective in January 2007, and will be evaluated in 2008. The Committee asks the Government to indicate whether any code of conduct or other guidelines have been put in place to prevent the use of misleading propaganda as well as abuse and discrimination by private agencies of migrant workers. Please also provide the results of the evaluation of the self-regulation system that was undertaken in 2008.

Permanent workers. Family reunification. The Committee notes the adoption of the Civic Integration (Abroad) Act, 22 December 2005, which requires some foreign nationals intending to apply for permanent residence, essentially for marriage or family reunification to pass a “compulsory basic civic integration exam” before entering the country. The exam fee has to be paid by the person concerned and passing the exam is a requirement to obtain an authorization for temporary residence to be considered further. Citizens of EU/EEA States as well as certain non-EU countries are excluded from taking the exam. While measures to facilitate family reunification are not required under this Convention, the Committee nevertheless wishes to recall Paragraph 15 of the Migration for Employment Recommendation (Revised), 1949 (No. 86), stating that provision should be made by agreement for authorization to be granted for migrant for employment introduced on a permanent basis to be accompanied or joined by the members of his or her family. Considering that the test, in combination with some increased financial requirements, may have a disproportionate impact on migrant communities from certain non-western countries, the Committee draws the attention of the Government to paragraph 482 of its General Survey of 1999 on Migrant Workers in which it indicated that separation of a migrant who has been granted permanent residence in a country from his or her family would appear to constitute unreasonable hardship. Noting that the Civic Integration (Abroad) Act, 2005 is under review, the Committee encourages the Government to ensure that permanent migrant workers from non-western countries do not face unreasonable hardship with respect to family reunification.

Statistics. Please continue to provide statistical data, by sex and nationality, on the Dutch nationals working abroad and the foreigners employed in the Netherlands, indicating, if possible, their migrant status (temporary, long-term resident or permanent) and the sectors in which they are being employed.