Forced Labour Convention, 1930 (No. 29) - Netherlands (Ratification: 1933)
Protocol of 2014 to the Forced Labour Convention, 1930 - Netherlands (Ratification: 2017)

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

A Government representative stated that a Bill revising the legislation on dismissal would be presented this year to Parliament. This Bill proposes to delete the requirement for a worker to obtain approval of the Director of the Employment Office for the termination of his employment, if the employer disagrees. In practice, this requirement is hardly ever used since employers and workers typically agree; in any case and if approval is requested it will not be refused. The speaker said that this was not an issue of forced labour since the worker may not be forced to stay in employment under the menace of a penalty. He hoped that next year this case would be listed as a case of progress.

Speaking on behalf of the Workers' members, the Workers' member of the Netherlands expressed his satisfaction with the Government statement but regretted that a solution could not be found earlier.

The Employers' members agreed that this issue might have been settled earlier and that the legislation should be amended as soon as possible.

The Committee took note of the information submitted by the Government representative and of the discussion which followed. It noted that, according to the report of the Committee of Experts, there were divergences between the law and practice and the requirements of the Convention. The Committee requested the Government to ensure, at least in practice as a first stage, compliance with the requirements of the Convention, pending the solution of this question through legislation. The Committee hoped that the Government would be able to report major progress next year.

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

Previous comment

The Committee welcomes the ratification by the Netherlands of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government on the application of the Protocol has not been received, the Committee hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

The Committee notes the observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV), received on 13 September 2022 as well as the Government’s reply to these observations, received on 28 November 2022.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Implementation and monitoring of National Action Plan. The Committee previously requested the Government to continue to provide information on the adoption and implementation of the action plans to combat trafficking in persons as well as on the action of the monitoring mechanisms, including the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children and the Task Force on Human Trafficking.

The Government indicates that the National Rapporteur on Trafficking is responsible for: examining trends in the extent and nature of trafficking in persons and the impact of policy measures taken to address these trends; advising the Government; and submitting periodic reports in this regard. It further indicates that the Task Force on Human Trafficking brings together all parties (both government and non-governmental) involved in combating trafficking in persons under the leadership of the Public Prosecutor’s Office. The Task Force’s fifth term was established in 2020. The Government states that the new National Action Plan launched in 2018, which aims to tackle trafficking in persons for the purposes of labour exploitation, sexual exploitation and criminal exploitation through five lines of action (prevention, identification, detection, sheltering and international cooperation) has achieved significant results and will be continued from 2023, with a larger annual budget for its implementation. The Committee requests the Government to continue to provide information on the measures taken for the effective implementation of the National Action Plan, and to specify the results achieved and the difficulties encountered in this regard. The Committee also requests the Government to continue to inform on the activities of the National Rapporteur on Trafficking and the Task Force on Human Trafficking, providing in particular summarized information on the nature and trends of trafficking in persons in the country and on the results of the monitoring and assessment of the national policy.

2. Identification and protection of victims. In response to the Committee’s request concerning protection, assistance and compensation granted to victims of trafficking, the Government indicates that victims may obtain compensation through the following means: (i) criminal proceedings against the offender; (ii) civil proceedings to claim damages from the offender (if no compensation order has been made by the Criminal Court); or (iii) the Violent Offenses Compensation Fund, which provides financial support to victims of trafficking in the Netherlands who have suffered severe physical or psychological injury (after submitting a claim, which is possible even if the offender has not been convicted). The Government specifies that, to promote effective compensation for victims of trafficking, the Public Prosecutor’s Office for Serious Fraud organizes training for public prosecutors on financial investigations and on how they may use the information thus gathered to claim compensation for victims.

The Government states that in the framework of the National Action Plan, various measures have been taken to assist and protect victims of trafficking, including the creation of a sufficient number of shelters for victims and different types of shelters adapted to the age and residence status of victims. The Government further refers to the National Rapporteur, who expressed concern at the lack of detection of victims of trafficking for the purposes of labour exploitation by the investigative authorities. In this respect, the National Rapporteur stressed the importance of cooperation to better detect and protect victims of labour exploitation.

The Committee takes note of the FNV and CNV’s observations, according to which victims remain unidentified and do not have access to justice. The Committee also notes that, in its Human Trafficking Victims Monitoring Report 2016–20, the National Rapporteur expressed concern at the abuse suffered by the most vulnerable groups, including migrant workers and individuals in migration flows, and at their increased vulnerability due to the measures taken in the context of the COVID-19 pandemic, which have further isolated them. The Committee requests the Government to continue to take the necessary measures to improve the identification of victims of trafficking in persons for the purposes of both labour exploitation and sexual exploitation, paying special attention to migrant workers, as well as all vulnerable groups. It also requests the Government to provide more detailed information on the measures taken to protect and assist victims of trafficking, and to specify the number of victims who have been identified; have benefited from protection and assistance services; have claimed compensation; were granted compensation and effectively received it.

3. Prosecution and application of dissuasive penalties. The Committee previously requested the Government to continue to strengthen the capacity of law enforcement authorities to ensure the effective prosecution of cases of trafficking in persons and the imposition of adequate penalties pursuant to section 273(f) of the Criminal Code. The Government indicates that section 273(f) of the Criminal Code, which criminalises trafficking in persons, is in the process of being amended, in order to increase the possibilities for prosecuting all forms of trafficking in persons, in particular for labour exploitation. The Government also points out that a new section of the Criminal Code (section 273(g)), which came into force in 2022, establishes criminal liability for any person who uses sexual services with the knowledge that the person providing these services is a victim of trafficking in persons. It further refers to the new Criminal Procedure Directive on Human Trafficking entered into force in 2021 which sets the detection and prosecution of trafficking in persons as high priorities and includes various forms of exploitation, namely sexual exploitation, servitude and labour exploitation, criminal exploitation and forced begging.

The Government lists a number of results achieved through the National Action Plan to strengthen the capacity of law enforcement authorities, including: (i) the training of professionals involved in the detection of cases of trafficking; (ii) additional funds to the Police which enabled the recruitment of around 40 additional officers specialising in trafficking in persons in 2021; (iii) the appointment of a person responsible for the regional strategy to combat trafficking in persons within each police district; (iv) additional funds to the Netherlands Labour Authority (NLA), part of which will be used to combat labour exploitation; (v) the creation in 2019 of a permanent group of certified investigators within the NLA responsible for the intake and reporting of cases of trafficking in persons and in 2020 of a special investigation team to investigate labour exploitation issues comprising certified trafficking in persons investigators; and (vi) the development of a set of guidelines for municipal authorities, in 2020 and 2021.

The Committee notes that, in their observations, which refer to trafficking in persons and labour exploitation more broadly, the FNV and CNV highlight the few cases of trafficking in persons for the purpose of labour exploitation that have been prosecuted, as well as the shortcomings of the existing criminal legal framework to combat serious forms of labour exploitation. They point out the weak enforcement of regulations and the lack of a dissuasive approach, and stress that urgent efforts must be made to achieve effective monitoring, detection, prosecution and conviction of cases of labour exploitation. The FNV and CNV refer to the Netherlands Court of Audit, according to which, despite the increase in the number of inspectors within the NLA in recent years, the effectiveness of the measures taken to tackle labour exploitation has not been improved. The FNV and CNV further refer to the National Rapporteur on Trafficking, who has stressed that labour and criminal exploitation often go unpunished in the country.

In response to the observations of the CNV and FNV, the Government indicates that the NLA has sent a report to Parliament on tackling labour exploitation and severe violations of labour laws in November 2021, with detailed information on the effectiveness of existing instruments while concluding that tackling labour exploitation could be more effective if rules and protection were adjusted. It further states that an assessment of the effectiveness of the additional budget allocated to the NLA will be possible after 2022, by which time this measure will be fully operational.

With regard to statistical information, the Government indicates that, according to the National Rapporteur on Trafficking, in 2020, 43 per cent of reports of trafficking in persons concerned labour exploitation, making it the most reported type of trafficking in persons. According to the Human Trafficking Victims Monitoring Report 2016–20 of the National Rapporteur, 984 cases of trafficking in persons were reported in the Netherlands in 2020. In its Human Trafficking Offenders Monitoring Report 2015–19 of January 2021, the National Rapporteur indicates that while the number of reports has increased (from 575 in 2016 to 1,045 in 2019), the number of suspects has decreased (from 285 in 2016 to 170 in 2019), and the number of dismissals has risen (29 per cent of cases were dismissed in 2016, compared with 41 per cent in 2019). Of the suspects arrested, 60 per cent are brought before the courts. According to the 2020 Brochure of the National Rapporteur on Trafficking, the average length of non-suspended prison sentence served by those convicted of trafficking in persons is 1 year and 10 months. In this regard, the Committee further notes that, according to the Report from the Netherlands to the Questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Parties, published on 3 May 2022, 70 perpetrators of trafficking in persons were convicted in 2019, of whom five were sentenced to a fine, one to community service, four to a suspended custodial sentence, 31 to a partially suspended custodial and 29 to an unsuspended custodial sentence. As regards the length of the unsuspended custodial sentence, of the 60 perpetrators sentenced to unsuspended custodial sentences (partially or not), 29 were sentenced to a custodial sentence of less than one year, nine to a custodial sentence of between one and two years, and 22 to a custodial sentence of two years or more.

The Committee recalls in this respect that, given the seriousness of the crime of trafficking in persons and the dissuasive effect that penalties must have, fines or short-term or suspended prison sentences cannot be considered as effective penalties. The Committee thus requests the Government to continue its efforts to strengthen the capacities of the Police and the NLA to identify cases of trafficking for both sexual and labour exploitation and ensure that prompt investigations are undertaken to allow for effective prosecution and the imposition of sufficiently dissuasive penalties of imprisonment on perpetrators. Please indicate the number of investigations and prosecutions carried out, as well as the number of perpetrators convicted and the specific penalties imposed pursuant to section 273(f) of the Criminal Code. Lastly, the Committee requests the Government to provide information on the progress made regarding the amendment of section 273(f) of the Penal Code.

Articles 1(1) and 2(1). Unpaid work imposed as a condition for receiving social benefits. In its previous comments, the Committee noted the provisions of the Participation Act 2015, according to which the entitlement to minimum social benefits is conditional on the acceptance and performance of unpaid work (the “tegenprestatie”). Municipalities are responsible for the implementation of the Act, in particular with regard to the duration and nature of the unpaid work, which has to be limited in time and scope. Refusal to perform labour activities for the benefit of the society entails the withdrawal of 100 per cent of the benefits for at least one, but up to three months. The Committee took note of the FNV’s concerns regarding abuses in the implementation of the Participation Act, according to which work imposed on beneficiaries of social benefits is used to perform regular jobs, sometimes of up to 32 hours per week for several months or up to a year.

The Government indicates that the information requested by the Committee concerning the types of work performed, the working hours and duration of the unpaid work, as well as the level of benefits received by the persons concerned, is not available. It points out that municipalities are required to draw up a policy under which beneficiaries must perform work in return for the payment of their benefits, after which they have freedom of action in implementing this policy. The Government adds that municipalities manage the implementation of this policy in various ways: some municipalities use it at a greater extent than others and the type of activities can vary, with certain municipalities considering informal care and voluntary work as compensation, for example, while others do not. According to a survey among municipalities on the use of work in return for the payment of social benefits, 60 per cent of municipalities apply this policy. In the month of March 2021, it was estimated that 34,200 recipients of social benefits had performed some work in return for the payment of their benefits, representing approximately 8 per cent of people receiving social assistance. The Government states that the work imposed to receive social benefits contributes to the reintegration into the labour market and should not replace paid work.

The Committee notes that, in their observations, the FNV and CNV underline that, despite its aim to promote reintegration into the labour market, the “tegenprestatie” system has not led to an increase in employment for people receiving social benefits. They add that recipients of social benefits face Government scrutiny and mistrust and hope that the Government will remove “tegenprestatie” from the Participation Act. The FNV refers to a study they carried out in 2020 on the displacement of paid work as a result of the Participation Act, according to which: (i) the former Social Work Companies, for which 17,000 recipients of social benefits performed work for more than three months in 2019 under “tegenprestatie”; (ii) the healthcare sector, where a large number of recipients of social benefits have worked since the Government decided to cut jobs in this sector in response to the 2008 crisis; (iii) the transport sector, where drivers on unprofitable bus lines are recipients of social benefits.

The Committee recalls that the minimum social benefits received under the Participation Act do not constitute an entitlement based on previous work or contributions, but consist of a social assistance benefit granted to persons on purely social grounds. The Committee nevertheless encourages the Government to continue to ensure that work that may be imposed by municipalities in return for the payment of social benefits, is kept within the limits and objectives fixed by law, in particular by effectively contributing to the reintegration of beneficiaries in the labour market and by not being used to replace paid work.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations from the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) received on 28 August 2018.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee previously noted the amendments adopted in 2013 to section 273f of the Criminal Code, which criminalizes human trafficking. The amendments aim, inter alia, at increasing the applicable prison sentences. The Committee also noted the statistical information provided by the Government on the number of prosecutions and convictions for trafficking in persons for the period 2010–14. According to these figures, an average of 150 suspects appeared in court every year. Convictions were imposed in 76 per cent of the cases in 2014, compared to 61 per cent in 2010. The average prison sentence had increased every year from 2010, from 617 days in 2010 to 804 days in 2013. In this regard, the Committee noted that, in its observations, the FNV acknowledged the increased efforts from the Government to combat trafficking for labour exploitation as a criminal phenomenon.

The Committee notes the Government’s information in its report that, in 2016, 220 suspects of trafficking were registered by the Public Persecutor’s Service, of which 174 were summoned to the court and 103 were convicted. Moreover, an annual fund of up to €50 million was allocated to the Inspectorate SZW (Sociale Zaken en Werkgelegenheid, Social Affairs and Employment), in order to allow an recruitment of 300 additional staff, and to expand labour inspections and criminal investigations with a focus on decent work. In particular, in addition to supervising compliance with labour regulations, the Inspectorate SZW is competent to detect and investigate labour exploitation and human trafficking cases, under the supervision of the Public Prosecutor’s Office. The Committee also notes from the 2018 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Netherlands (hereafter “the 2018 GRETA report”) that, in 2017, following a motion adopted by Parliament in 2016, the National Police and the Public Prosecution Service received additional funds to strengthen the fight against trafficking. One million euros was made available in 2017 and €2 million will be available each year from 2018 onwards. These funds are used to increase the number of police detectives certified to investigate cases of trafficking by 5 per cent a year and an investment in the capacity and expertise of the public prosecution service. Frontline police will be trained in recognising signs of trafficking and the Expertise Centre on Trafficking and Migrant Smuggling will also be able to hire more analysts (GRETA(2018)19, paragraph 23). The Committee notes from the observations of FNV and CNV that the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children (hereafter “National Rapporteur on Trafficking”) estimated in her 2017 report on human trafficking that 25 per cent of the cases of trafficking involved labour exploitation in regular sectors. Moreover, referring to the labour inspection report, she states that there is a tendency of professionalization of labour exploitation by criminal organizations, with inventive ways to keep exploitation out of sight from the authorities. The FNV and CNV also indicate that they increasingly encounter situations of exploitation in several sectors at high risk, including transport, agriculture, logistics, as well as food processing and services. They are regularly alarmed by testimonies referring to excessive overtime, severe underpayment, social isolation, random fines or wage deduction, intimidation, as well as dangerous and unhealthy working environments. While taking due note of the Government’s efforts to combat trafficking in persons, the Committee requests the Government to continue to take measures to strengthen the capacity of law enforcement authorities, including the labour inspectorate. The Committee also requests the Government to continue its efforts to ensure that investigations and prosecutions are carried out against all persons engaged in trafficking in persons, and that adequate penalties are applied to perpetrators. In this regard, it requests the Government to continue providing information on the application of relevant provisions of the Criminal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Plan of action and monitoring mechanisms. The Committee previously noted that the National Rapporteur on Trafficking was formally instituted by law. The Committee also welcomed the strengthening of the comprehensive institutional framework that had been developed over the years, including the Task Force on Human Trafficking established in 2008, and the specialization in human trafficking of public prosecutors in each Public Prosecution Service District, of police officers in all regional units, as well as of the judiciary.

The Committee notes from the 2018 GRETA report that, in 2017, the mandate of the Task Force was extended for another three years. The Task Force is expected to focus on new forms of trafficking, such as trafficking for the purpose of criminal activities, and examine the linkages between trafficking and migrant smuggling (GRETA(2018)19, paragraph 19). A new National Rapporteur on Trafficking was appointed in September 2017 and took up his duties in February 2018 (paragraph 25). However, there has been no national action plan against trafficking in the Netherlands since the expiry of the previous National Action Plan for 2011–14. On 25 May 2018, the Government approved a letter to Parliament on the development of the new National Action Plan. This Action Plan is developed in close cooperation with, and supported by, all relevant partners, both governmental and non-governmental. In order to collect inputs from these partners, 16 workshops were organized. The publication of the National Action Plan is expected by the end of 2018 (paragraph 26). The Committee therefore requests the Government to continue providing information on the measures undertaken to strengthen the overall monitoring framework aimed at combating trafficking in persons, as well as the activities of the National Rapporteur and the Task Force on Trafficking. It also requests the Government to provide information on any progress made regarding the adoption of the new National Action Plan, and to provide a copy once adopted.

3. Identification and protection of victims. The Committee previously noted from the FNV observations that proceeding a case exclusively under criminal law entailed the serious shortcoming that the possibility of effective remedies for the victim was very limited. The criminal prosecution of the perpetrator should be complemented by the administrative enforcement machinery of the labour inspectorate as well as by civil proceedings in which trade unions would play an active role. The FNV considered that a labour law approach could achieve a more effective remedy, and that this opinion was supported by the National Rapporteur on Trafficking in the ninth report. The FNV considered that when potential victims of trafficking are identified, they should urgently obtain support in the framework of their civil proceedings in order to obtain effective remedies through compliance with labour rights. The FNV stressed in this regard that trade unions had no access to these workers in order to help them achieve effective remedies.

The Committee notes from the observations of the FNV and CNV that there are significant obstacles and hurdles for victims of labour exploitation to access remedies. For example, severe infringements causing the labour inspectorate to impose financial penalties do not lead to any compensation for the worker concerned. The FNV and CNV also refer to a case of exploitation of truck drivers from Eastern European countries and the Philippines. Their drivers lived in extremely harsh conditions, worked very long hours and were paid excessively low wages. Sometimes, they were not allowed to leave their trucks for months. However, the drivers did not dare to report abuses, because they did not obtain a regular status from the hiring company. With the assistance of the FNV and a Dutch NGO, the case was reported to the Labour Inspectorate. While a few drivers were identified as victims of trafficking and provided with a regular legal status, some others in the same situation did not obtain such status and were sent back to the Philippines. The FNV considers that such a practice prevents victims from seeking the help of the public authorities.

The Committee notes the Government’s information that all victims of trafficking have the right to free legal assistance, both in criminal and civil procedures. In response to the observations of the FNV and CNV, the Government states that criminal procedural requirements apply in cases of labour exploitation. For that reason, the calculation of the arrears of wages is more complicated than in the cases of violations of the labour law. The Ministry of Social Affairs and Employment is making efforts to improve the compensation of unpaid salaries for victims in this regard. The Committee requests the Government to strengthen its efforts with regard to the identification of victims of trafficking, to ensure their access to remedies in both civil and criminal procedures, and to ensure that appropriate protection and assistance is provided to such victims. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of victims who have been identified, who have received appropriate remedies and who have benefited from adequate protection.

Articles 1(1) and 2(1). Work imposed as a condition for receiving social benefits. The Committee previously noted that, in its observations, the FNV referred to the Participation Act adopted in 2015, according to which the entitlement to minimum social benefits is conditional on the acceptance and performance of unpaid work. No wages are paid since work is considered reciprocal to the financial benefit received. The municipalities are responsible for the administration and enforcement of the Act. Refusal to perform labour activities for the benefit of the society entails the withdrawal of 100 per cent of the benefits for at least one, but up to three months. The FNV alleged that the mandatory cut of 100 per cent of the benefits constitutes an extremely strict sanction and that, in practice, abuses had been observed in the implementation of the measure with beneficiaries performing formerly regular jobs as unpaid work. The Committee considered that in cases in which benefits do not constitute an entitlement based on previous work or contributions, but consist of a social measure granted to persons on purely social grounds, a requirement to perform some work in exchange for the allowance, would not in itself constitute compulsory labour within the meaning of the Convention, and requested the Government to provide information on the nature and duration of the activities imposed.

The Committee notes that, in its observations, the FNV once again expresses its concern at relevant provisions of the Participation Act and their implementation in practice. It observes that the compulsory work of beneficiaries is replacing regular and productive work, which leads to unfair competition. For that reason, the FNV has launched a civil suit against the PostNL (the major company providing post service) for its systematic use of a large number of recipients of social benefits to perform regular work. The FNV also indicates that it is not uncommon that the concerned persons are obliged to perform unpaid work of up to 32 hours per week for several months, sometimes up to a year, which can hardly be considered as “some work”. According to the FNV, the Netherlands Institute for Human Rights has repeatedly expressed its concern at the arbitrary criteria that municipalities use, including the length of the unpaid work, the number of weekly working hours and the disproportionate sanctions imposed on persons already living under the minimum subsistence level. The CNV additionally states that studies carried out in Rotterdam show that the implementation of “work in return for social benefits” indeed leads to crowding out of regular employment without any reintegration contribution to the recipients of social benefits. The FNV and CNV both consider that the role of municipalities in the implementation of the Participation Act needs to be better regulated.

The Committee notes the Government’s information that unpaid work is imposed only as a condition for receiving social benefits under the Participation Act, which is a social measure not based on an employment history or earlier contributions. The Municipal Executive lays down rules with respect to the duration and nature of the unpaid work, which in principle has to be of limited duration and scope, must be socially useful and shall not lead to displacement in the labour market. Moreover, single parents and people with caring responsibilities are exempted from this obligation. Regarding employee insurance schemes, the benefit is granted based on earlier work, for which there is no requirement of performing unpaid work, but an obligation to accept appropriate paid work. The Committee therefore requests the Government to provide detailed information on the implementation of the Participation Act in practice, such as relevant arrangements applied in different municipalities, including the number of persons performing unpaid work, the types of work performed, working hours and duration of the unpaid work, as well as the level of benefits received by concerned persons.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee takes note of the Government’s report as well as the observations received from the Netherlands Trade Union Confederation (FNV) in August 2015.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee notes the information provided by the Government in its report concerning the amendments adopted in 2013 to section 273f of the Criminal Code, which criminalizes human trafficking. The Committee observes that the amendment aims inter alia at increasing the applicable prison sentences. The Government also indicates that the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children has been formally instituted by law. The Committee welcomes the strengthening of the legislative framework to combat trafficking in persons, as well as the comprehensive institutional framework that has been developed over the years, and in particular:

• -the action of the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children who regularly publishes reports which monitor the effects of the policy conducted and contain recommendations for improving measures to tackle human trafficking and sexual violence against children;
• -–he Task Force on Human Trafficking established in 2008 which is in charge of elaborating and implementing the National Action Plans against Human Trafficking. The new anti-trafficking action plan for 2011–14 places specific emphasis on an integrated approach to action against trafficking. During its third term (2014–16), the Task Force has been focusing on trafficking for labour exploitation and other forms of trafficking;
• -the training activities undertaken by the labour inspectorate (SZW), in particular in the Caribbean part of the Netherlands, and the development of further training for labour inspectors on the identification of indicators of labour exploitation; and
• -the specialization in human trafficking of public prosecutors in each Public Prosecution Service District, of police officers in all regional units, as well as of the judiciary.

The Committee encourages the Government to pursue the efforts to combat trafficking in persons, with particular emphasis being placed on the identification and protection of victims of trafficking for labour exploitation. The Committee requests the Government to provide detailed information on further steps taken in this regard. Please also provide information on the evaluation undertaken by the National Rapporteur of the impact of the measures adopted, the obstacles identified as well as the measures taken to overcome them.

2. Prosecution of perpetrators and access to justice of victims. The Committee notes the statistical information provided by the Government on the number of prosecutions and convictions for trafficking in persons for the period 2010–14. According to these figures, an average of 150 suspects appeared in Court every year. Convictions were imposed in 76 per cent of the cases in 2014, compared to 61 per cent in 2010. The average prison sentence has increased every year from 2010, from 617 days in 2010 to 804 days in 2013. In this regard, the Committee notes that, in its observations, the FNV acknowledges the increased efforts from the Government to combat trafficking for labour exploitation as a criminal phenomenon. It observes however that proceeding a case exclusively under criminal law entails the serious shortcoming that the possibility of effective remedies for the victim is very limited. The criminal prosecution of the perpetrator should be complemented by the administrative enforcement machinery of the labour inspectorate as well as by civil proceedings in which trade unions would play an active role. The FNV indicates that the assessment that public enforcement does not lead to the effective remedy that a labour law approach can achieve is supported by the National Rapporteur on Trafficking in Human Beings in its ninth report. The FNV considers that when potential victims of trafficking are identified, they should urgently obtain support in the framework of their civil proceedings in order to obtain effective remedies through compliance with labour rights. The FNV stresses in this regard that trade unions have no access to these workers in order to help them achieving effective remedies.

The Committee requests the Government to continue to provide information on the number of investigations carried out in relation to trafficking cases, the number of prosecutions initiated and the penalties imposed on perpetrators. Please indicate the measures taken to continue to strengthen the capacity of law enforcement authorities so as to ensure that penalties imposed are commensurate with the offence of trafficking. The Committee also requests the Government to provide information on the measures taken to assist victims so as to enable them to assert their rights before the competent national authorities and obtain the benefits inherent to their job (wage arrears, social protection, etc.) and compensation for the material and moral damage suffered.

Articles 1(1) and 2(1). Work imposed as a condition for receiving social benefits. The Committee notes that, in its observations, the FNV refers to the Participation Act adopted in 2015 according to which the entitlement to minimum social benefits is conditional on the acceptance and performance of unpaid work. No wages are paid since work is considered reciprocal to the financial benefit received. The municipalities are responsible for the administration and enforcement of this regulation. Refusal to perform labour activities for the benefit of the society entails the withdrawal of 100 per cent of the benefits for at least one, but up to three months. The FNV alleges that the mandatory cut of 100 per cent of the benefits constitutes an extremely strict sanction and that, in practice, abuses have been observed in the implementation of the measure with beneficiaries performing formerly regular jobs as unpaid work.

The Committee recalls that a distinction should be drawn as to whether social benefits were received as an entitlement based on previous work or contributions, or constituted an allowance granted as a purely social measure. The Committee has considered that in cases in which benefits do not constitute an entitlement based on previous work or contributions but consist of a social measure granted to persons on purely social grounds, a requirement is to perform some work in exchange for the allowance would not in itself constitute compulsory labour within the meaning of the Convention. However, under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period, the subsequent imposition of an additional requirement of having to perform work to receive these benefits would constitute compulsory labour under the menace of losing benefits to which the person was entitled. The Committee requests the Government to provide information on the conditions under which persons may be entitled to the minimum social benefits, indicating whether beneficiaries are required to have worked or to have contributed to existing social insurance schemes for a minimum period of time, as well as on the nature and duration of the compulsory labour activities imposed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee previously noted communications received in August 2009, August 2010 and in August 2012 from the Netherlands Trade Union Confederation (FNV), which contained comments on the application of the Convention by the Netherlands. The FNV raised issues, inter alia, regarding the work of prisoners for private employers; the compulsory character of employment measures for young people under the 2009 Act Investing in Young Persons (Wet WIJ); and the vulnerable situation of workers in certain sectors, who may become victims of labour exploitation, as a result of abuses of certain informal labour agencies. The communications were sent to the Government in September 2009 and September 2010 respectively for such comments as might be judged appropriate.

In response to the above communications, the Committee notes the comments provided by the Government, in particular as regards the 2009 Act Investing in Young Persons. According to section 15 of the Act young people between 16 and 27 years old may voluntarily apply to the municipal authorities for a training–employment offer (section 15). The municipal authorities are obliged to make an offer taking into account the capacity of the applicant (section 17). Such an offer could for example constitute an internship, schooling, civic integration or an employment in the care sector. If the training–employment offer does not generate sufficient income, the young person is entitled to income support according to section 24 of the Act. Pursuant to section 39, income support is withdrawn in case the young person refuses to execute the training–employment offer. The Committee notes that the evaluation of the Act in 2011 found that as a result of the Act, labour market and educational participation of young persons had increased. Seventy per cent of requests for a training–employment offer had been realized and 63 per cent of the offers have been provided in combination with income support.

Noting the absence of information as regards the issue raised by the FNV concerning the vulnerable situation of workers in certain sectors, who may become victims of labour exploitation as a result of abuses of certain informal labour agencies, the Committee expresses the firm hope that the Government will respond to this issue in its next report.

Article 2(2)(c) of the Convention. Work of prisoners for private employers. The Committee notes the Government’s indication concerning the work of prisoners for private employers outside a penitentiary institution of very low security (ZBBI) which is subject to free, voluntary and informed consent of the person concerned upon placement in a ZBBI. If the convicted person no longer wishes to perform the labour outside the ZBBI he or she can be placed back into an institution of low security (BBI), which is a consequence of the withdrawal of consent. The Committee further notes the Government’s indication that the skills acquired increase chances of finding work once released and in some instances detainees have continued working for the same private employer after release. The Committee again notes that the conditions of work of convicts are covered by the same legislative provisions as other employees, that they benefit from some social security provisions and that their remuneration approximates standard minimum wages taking into account expenses for housing and food.

Article 25. Penalties for trafficking in persons. The Committee notes the information provided by the Government in its report concerning the bill which is currently before the House of Representatives to increases the maximum sentence for people committing trafficking in human beings, including for labour exploitation, to 12 years. The bill furthermore includes an increase in the maximum penalty from 12 to 15 years’ imprisonment if two or more persons are acting in concert, from 15 to 18 years if serious bodily injury has been caused and from 18 to 30 years or life imprisonment in case of death. The Committee requests the Government to provide a copy of the law once adopted. It also requests the Government to provide with its next report information on the application of the law in practice, including information on numbers of cases of prosecutions and convictions, and indicating the penalties imposed on perpetrators.

Communication of texts. Noting the Government’s report on behalf of the islands of Bonaire, St Eustatius and Saba, which became part of the Dutch polity as public bodies, the Committee requests the Government to communicate, with its next report, a copy of the full updated text of the Criminal Code of the aforementioned islands, as well as copies of any other laws or regulations applicable to the compliance of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee previously noted a communication received in August 2009 from the Netherlands Trade Union Confederation (FNV), which contained comments on the application of the Convention by the Netherlands. It noted that this communication was sent to the Government in September 2009, for any comments it might wish to make on the matters raised therein. In the above communication, the FNV raised the issues, inter alia, regarding the work of prisoners for private employers; compulsory character of employment measures for young people under the 2009 Act Investing in Young Persons (Wet WIJ), which will be evaluated in 2011; and the vulnerable situation of workers in certain sectors, who may become victims of forced labour exploitation, as a result of abuses of certain informal labour agencies. The FNV requested the Government to take its views into consideration in the course of the evaluation of the 2009 Act referred to above. The Committee notes that no comments have been provided by the Government in response to the above communication. It further notes a new communication from the FNV, which repeated its previous comments and provided additional information on certain points, received in August 2010 and sent to the Government in September 2010 for such comments as might be judged appropriate. The Committee hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

Article 2(2)(c) of the Convention. Work of prisoners for private employers. Referring to its earlier comments, the Committee notes the Government’s indications in the report concerning the work of prisoners for private employers. It notes, in particular, that such labour may be performed by convicts outside a penitentiary institution of very low security (ZBBI), and is subject to free, voluntary and informed consent of the person concerned to be placed in a ZBBI (which includes labour to be performed outside the institution). The Government indicates that convicts’ conditions of work are covered by the same legislative provisions as applicable to other employees, and their remuneration approximates the standard minimum wages, taken into account the expenses for housing and food. The Government also states that detainees can also benefit from some social security provisions.

While noting these indications, the Committee requests the Government to supply a copy of provisions regarding the work of detainees outside the ZBBI, such as, for example, the general terms and conditions governing work carried out by inmates, to which reference is made in paragraph (h) of the Additional Clauses of the sample agreement between a penitentiary institution and an employer, annexed to the Government’s 2003 report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. The Committee notes a communication received in August 2009 from the Netherlands Trade Union Confederation (FNV), which contains observations concerning the application of the Convention by the Netherlands. It notes that this communication was sent to the Government in September 2009 for any comments it might wish to make on the matters raised therein. The Committee hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. The Committee notes with interest the information provided by the Government in its report concerning measures taken to combat trafficking in human beings, including the information contained in the sixth report of the Dutch National Rapporteur on Trafficking in Human Beings annexed to the Government’s report, as well as statistical information on the application of section 273(f) of the Penal Code punishing human trafficking. The Committee would appreciate it if the Government would continue to provide, in its future reports, information on the legal proceedings that have been instituted under the penal provisions punishing trafficking in persons, indicating the penalties imposed on perpetrators.

2. The Committee notes that the Government’s report contains no reply to the following matters raised in its previous direct request and hopes that the next report will include full information on these matters:

Article 2, paragraph 2, subparagraph (c). Work of prisoners for private employers. In its earlier comments, the Committee noted the Government’s indications concerning the work of prisoners for private employers. It noted that, as regards work carried out outside penitentiary institutions by detainees who reside in open penitentiary institutions, the contract with the employer is concluded by the institution itself, but the detainees have no terms of employment with the employer concerned. The Committee has also noted the comments made by the Trade Union Federation of Middle and Senior Staff Personnel (MHP), communicated by the Government with its 2005 report, concerning compulsory participation of convicts in work and the absence of a labour law relationship between a detainee and an employer. Further, the MHP indicated that persons who reside in an open penitentiary institution and who cannot or do not want to take part in such work are returned to a closed institution.

The Committee previously noted the Government’s explanations concerning the level of remuneration for detainees working outside the institution, which is based on the gross minimum wage, as well as the Government’s statement that outside work is subject to working conditions legislation. It noted, however, that detainees in an open institution do not come under the social security legislation.

The Committee notes the Government’s statement in its 2005 report that work carried out by detainees for a private employer outside penitentiary institutions is important for rehabilitation purposes. The Committee recalls that Article 2(2)(c), of the Convention prohibits that convicts are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers. However, the Committee has pointed out in its previous General Surveys, including its most recent General Survey of 2007, paragraphs 59–60, that, provided convicted prisoners voluntarily consent to such work without being subjected to pressure or menace, such work does not fall within the scope of the Convention. At the same time the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure their consent is given freely and voluntarily. The Committee in paragraphs 114–122 of the General Survey of 2007 discussed the safeguards which include not only written formal consent but, further, that the most reliable indicator of voluntariness of the labour is if the work is performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, that there was a level of wages and social security provisions which approximate a free labour relationship. In addition, the Committee in the General Survey of 2007 indicated that other factors that can be regarded as objective and measurable advantages which the prisoner gains from the actual performance of the work could be considered in determining whether free and informed consent is given. The Committee gave examples such as learning new skills which could be deployed by prisoners when released; the offer of continuing the work of the same type upon their release; or the opportunity to work cooperatively in a controlled environment enabling them to develop team skills. The Committee indicated that all of these factors should be taken as a whole in determining whether consent was freely given and they should be considered and assessed by the public authorities.

Bearing in mind these features, the Committee requests the Government in its next report to provide information to the Committee on the following matters:

–      the objective and measurable factors which authenticate the voluntariness of the consent of the prisoners to the performance of work whilst in open penitentiary institutions, such as the performance of work in conditions approximating a free labour relationship, together with other advantages such as learning new skills which could be deployed when released; the offer of continuing work of the same type upon release; or the opportunity to work cooperatively and develop team skills, or other similar factors;

–      the procedures undertaken by public authorities to regularly assess that such objective and measurable factors are in place in order to ensure that work performed by such prisoners is voluntary.

The Committee also requests the Government to supply a copy of the general terms and conditions governing work carried out by inmates of custodial institutions, to which reference is made in paragraph (h) of the additional clauses of the sample agreement between a penitentiary institution and an employer, annexed to the Government’s 2003 report.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of exploitation. The Committee has noted the information provided by the Government in its 2005 and 2007 reports concerning measures taken to combat trafficking in human beings and, in particular, the adoption of the National Plan on Tackling Human Trafficking. The Committee would appreciate it if the Government would supply, with its next report a copy of the National Plan, as well as information on its implementation. Please also provide information on any legal proceedings that have been instituted under section 273(a) of the Penal Code punishing trafficking in persons for the purpose of exploitation, indicating the penalties imposed on perpetrators.

Article 2(2)(c). Work of prisoners for private employers. In its earlier comments, the Committee noted the Government’s indications concerning the work of prisoners for private employers. It noted that, as regards work carried out outside penitentiary institutions by detainees who reside in open penitentiary institutions, the contract with the employer is concluded by the institution itself, but the detainees have no terms of employment with the employer concerned. The Committee has also noted the comments made by the Trade Union Federation of Middle and Senior Staff Personnel (MHP), communicated by the Government with its 2005 report, concerning compulsory participation of convicts in work and the absence of a labour law relationship between a detainee and an employer. Further, the MHP indicated that persons who reside in an open penitentiary institution and who cannot or do not want to take part in such work are returned to a closed institution.

The Committee previously noted the Government’s explanations concerning the level of remuneration for detainees working outside the institution, which is based on the gross minimum wage, as well as the Government’s statement that outside work is subject to working conditions legislation. It noted, however, that detainees in an open institution do not come under the social security legislation.

The Committee notes the Government’s statement in its 2005 report that work carried out by detainees for a private employer outside penitentiary institutions is important for rehabilitation purposes. The Committee recalls that Article 2(2)(c) of the Convention prohibits that convicts are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers. However, the Committee has pointed out in its previous General Surveys, including its most recent General Survey of 2007, paragraphs 59–60, that, provided convicted prisoners voluntarily consent to such work without being subjected to pressure or menace, such work does not fall within the scope of the Convention. At the same time the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure their consent is given freely and voluntarily. The Committee in paragraphs 114–122 of the General Survey of 2007 discussed the safeguards which include not only written formal consent but, further, that the most reliable indicator of voluntariness of the labour is if the work is performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, that there was a level of wages and social security provisions which approximate a free labour relationship. In addition, the Committee in the General Survey of 2007 indicated that other factors that can be regarded as objective and measurable advantages which the prisoner gains from the actual performance of the work could be considered in determining whether free and informed consent is given. The Committee gave examples such as learning new skills which could be deployed by prisoners when released; the offer of continuing the work of the same type upon their release; or the opportunity to work cooperatively in a controlled environment enabling them to develop team skills. The Committee indicated that all of these factors should be taken as a whole in determining whether consent was freely given and they should be considered and assessed by the public authorities.

Bearing in mind these features, the Committee requests the Government in its next report to provide information to the Committee on the following matters:

–      the objective and measurable factors which authenticate the voluntariness of the consent of the prisoners to the performance of work whilst in open penitentiary institutions, such as the performance of work in conditions approximating a free labour relationship, together with other advantages such as learning new skills which could be deployed when released; the offer of continuing work of the same type upon release; or the opportunity to work cooperatively and develop team skills, or other similar factors;

–      the procedures undertaken by public authorities to regularly assess that such objective and measurable factors are in place in order to ensure that work performed by such prisoners is voluntary.

The Committee also requests the Government to supply a copy of the general terms and conditions governing work carried out by inmates of custodial institutions, to which reference is made in paragraph (h) of the additional clauses of the sample agreement between a penitentiary institution and an employer, annexed to the Government’s 2003 report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee has noted the information provided by the Government in reply to its earlier comments. It notes, in particular, the information on measures taken and contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplied in response to the Committee’s general observation of 2000, and requests the Government to continue to provide information on the developments in this sphere.

Work of prisoners for private employers. The Committee previously noted the Government’s indications that, as regards work carried out outside penitentiary institutions by detainees who reside in open penitentiary institutions, the contract with the employer is concluded by the institution itself, but the detainees have no terms of employment with the employer concerned. The Government also indicated that persons who reside in an open penitentiary institution and who refuse to work, are returned to a closed institution.

As regards prisoners’ wages, the Committee has noted from the Regulation of 15 October 2002 issued by the Ministry of Justice, as well as from the Government’s explanations in the report, that the level of remuneration for detainees working outside the institution is based on the gross minimum wage as set out on 1 January 2002, 40 per cent of this amount (EU 111.36 per week) is paid to the detainee. However, detainees in an open institution do not come under the social security legislation (though medical expenses are paid by the Ministry of Justice).

The Committee recalls that Article 2(2)(c) of the Convention prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers. The Committee again refers in this connection to paragraphs 10 and 11 of its 2001 general observation concerning prison labour, in which it pointed out that, in order to comply with the Convention, the work of prisoners for private companies requires the freely given consent of the workers concerned, without the menace of any penalty in the wide sense of Article 2(1) of the Convention (such as loss of privileges or an unfavourable assessment of behaviour taken into account for reduction of sentence). Furthermore, in the context of a captive labour force having no alternative access to the free labour market, such free consent needs to be authenticated by arm’s length conditions of employment approximating a free labour relationship, such as the existence of a labour contract between the prisoner and the private company and free labour market-oriented conditions regarding wage levels (leaving room for deductions and attachments), social security and safety and health.

The Committee therefore hopes that the necessary measures will be taken to ensure that any work by detainees for private employers be performed under the conditions of a freely consented upon employment relationship. It also requests the Government to continue to provide information regarding conditions of work of detainees who reside in an open penitentiary institution and carry out work outside the institution and to supply a copy of the general terms and conditions governing work carried out by inmates of custodial institutions, to which reference is made in paragraph (h) of the additional clauses of the sample agreement between a penitentiary institution and an employer, annexed to the Government’s report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in reply to its general observations of 1998 and 2000.

The Committee notes the Government’s indications concerning the work of prisoners for private employers. The Government indicates that, as regards work carried out outside penitentiary institutions by detainees who reside in an open penitentiary institution, the contract with the employer is concluded by the institution itself, but the detainees have no terms of employment with the employer concerned. The detainees receive remuneration for the work carried out for the institution, which is considerably higher than that earned in the closed institutions, but lower than remuneration that can be earned by free workers. Persons who reside in an open penitentiary institution and who refuse to work are returned to a closed institution.

The Committee refers to paragraphs 10 and 11 of its 2001 general observation concerning prison labour, in which it pointed out that, in order to comply with the Convention, the work of prisoners for private companies requires the freely given consent of the workers concerned, without the menace of any penalty; furthermore, in the context of a captive labour force having no alternative access to the free labour market, such free consent needs to be authenticated by arm’s length conditions of employment approximating a free labour relationship, such as the existence of a labour contract between the prisoner and the private company and free labour market oriented conditions regarding wage levels (leaving room for deductions and attachments), social security and safety and health.

The Committee therefore requests the Government to provide, in its next report, information regarding conditions of work of detainees who reside in an open penitentiary institution and carry out work outside the institution, indicating in particular the applicable levels of wages (as compared to those of free workers), as well as conditions with regard to hours of work and rest periods, occupational safety and health and social security. Please also supply copies of relevant rules and regulations, as well as sample contracts concluded by a penitentiary institution with the employer.

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

With reference to its general observation of 1998 under this Convention, the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making  or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

Article 2(2)(a) of the Convention.  With reference to its earlier comments concerning the use of conscripts for non-military activities, the Committee notes with satisfaction the Government’s confirmation in its report that compulsory national service and the practice in question concerning the position of conscripts have ended.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report.

1. Article 1(1) and Article 2(1) of the Convention. Further to its previous observations, the Committee notes with satisfaction that a provision of section 6 of the Extraordinary (Employment Relations) Decree, 1945, under which workers were legally required to obtain the approval of the District Employment Office for the termination of their employment, has been repealed by the Act concerning Flexibility and Security (Stb. 300), of 14 May 1998, which was due to come into force on 1 January 1999.

2. Article 2(2)(a). In its previous observation, the Committee noted a communication from the Netherlands Trade Union Confederation (FNV) dated 18 August 1995 concerning the use of conscripts for non-military activities. The Committee has noted from the Government's report received in July 1996 that the position of conscripts was to be reviewed in the light of the Convention, and that compulsory national service would end on 1 January 1997. Since the Government's subsequent reports received in March 1997 and August 1998 contain no new information on this subject, the Committee asks the Government to confirm that the practice in question has been ended.

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

1. Article 2(2)(a) of the Convention. In its previous observation, the Committee noted a communication from the Netherlands Trade Union Confederation (FNV) dated 18 August 1995 alleging the use of conscripts for non-military activities. The Committee notes from the Government's report that by a letter of 19 December 1995 from the State Secretary of Defence, the general Association of Dutch Servicemen and Women (AVNM) was informed of the voluntary nature of assignments of conscripts to assist at non-military events, and that at the request of the Association of Conscripts (VVDM), the FNV's communication to the ILO regarding the deployment of conscripts for non-military tasks was discussed by the Consultative Committee for Defence on 21 September 1995, when it was agreed that the position of conscripts would be reviewed in the light of the Convention. The Committee further notes with interest from the Government's report that compulsory attendance of the national service will end on 1 January 1997; the Committee looks forward to learning of the provisions adopted to this end.

2. In earlier comments, the Committee referred to section 6 of the Extraordinary (Employment Relations) Decree, 1945, under which a worker is required to obtain approval for the termination of his employment. The Committee noted that a Bill to repeal this requirement was presented to Parliament on 15 March 1990. It also noted the Government's indication that if the required legislative amendment took too much time, it would consider the possibility of issuing guidelines to the regional employment offices in order to facilitate the termination of employment by workers on their own request. In the absence of further information on any progress made in this regard, the Committee again expresses the hope that the necessary measures will at last be taken to repeal section 6 of the Extraordinary Decree of 1945, and that the Government will soon be in a position to report on the provisions adopted to this end.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 2(2)(a) of the Convention. The Committee has taken note of a communication from the Netherlands Trade Union Confederation (FNV) dated 18 August 1995 alleging use of conscripts for non-military activities. Copy of this communication has been forwarded by the ILO on 29 August 1995 to the Government.

In the absence of a comment from the Government, the Committee hopes that the Government will soon submit its observations on the allegations.

2. With regard to section 6 of the Extraordinary (Employment Relations) Decree, 1945, the Committee looks forward to the Government's answer to the Committee's observation made in 1994 under the Convention.

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

In previous comments the Committee referred to section 6 of the Extraordinary (Employment Relations) Decree, 1945, under which a worker is required to obtain approval for the termination of his employment. The Committee noted that a Bill to repeal this requirement was presented to Parliament on 15 March 1990.

The Committee notes the Government's information in its latest report that the Bill is being examined by the First Chamber of Parliament. It also notes the Government's indication that if the required legislative amendment took too much time, it would consider the possibility of issuing guidelines to the regional employment offices in order to facilitate the termination of employment by workers on their own request.

The Committee requests the Government to provide information on any progress made in this regard.

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

The Committee notes the information supplied by the Government in its report as well as the observations made by the Confederation of the Netherlands Trade Union Movement (FNV) on the application of the Convention.

In previous comments the Committee referred to section 6 of the Extraordinary (Employment Relations) Decree, 1945, under which a worker is required to obtain approval for the termination of his employment.

The Committee notes the Government's statement in its report that a Bill amending the legislation on termination of employment was presented to Parliament on 15 March 1990 and was to be examined by the Second Chamber of Parliament at the end of 1991. The Bill repeals from Article 6 of the Extraordinary (Employment Relations) Decree the requirement for an employee to obtain approval by the director of the regional employment office for termination of employment. The Committee notes that in its comments the FNV indicates its agreement with the proposed amendment.

The Committee hopes that the amendment will soon be adopted and that the Government will provide a copy of the Decree as modified. The Committee hopes that, pending the required legislative amendment, the Government will use its administrative powers to ensure that the regional employment offices issue the requisite permits in all cases where workers want to leave their employment upon the expiration of the appropriate notice.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In previous comments the Committee referred to section 6 of the Extraordinary (Employment Relations) Decree, 1945 under which a worker is required to obtain approval for the termination of his employment. It requested the Government to bring the legislation into conformity with the Convention, and expressed the hope that, pending the introduction of the required draft legislation, the Government would use its administrative powers to ensure that the regional employment offices issue the requisite permits in all cases where workers want to leave their employment upon the expiration of the appropriate notice.

The Committee takes note of the Government's report and the discussions that took place in the Conference Committee in 1989. The Committee notes with interest the Government's information that a Bill revising the legislation on dismissal is to be presented to Parliament and that it would repeal the requirement to obtain approval of the Director of the Employment Office for termination of employment, if the employer disagrees.

The Committee also notes the comments by the Confederation of the Netherlands Trade Unions Movement (FNV) according to which the Bill revising the law on termination of employment, including an amendment for the repeal of the requirement in question, has been adopted by the Council of Ministers and submitted to the Council of State.

The Committee expresses the hope that the proposed amendment will soon be adopted and that it will bring legislation into conformity with the Convention on this point.