Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Employment Service Convention, 1948 (No. 88) - Netherlands (Ratification: 1950)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019. The Committee also notes the joint observations of the National Federation of Christian Trade Unions (CNV), the Netherlands Trade Union Confederation (FNV) and the Trade Union Federation for Professionals (VCP) received on 18 August 2019 as well as the observations submitted with the Government’s report in 2019.

Articles 1, 3 and 6 of the Convention. Activities of the employment service and contribution to employment promotion. The Committee notes that in its 2019 report the Government indicates that in 2016 the employment services (UWV) adopted a new employment service program that provides personal employment services to unemployed individuals. The expected benefit and effectiveness of personal employment services for an individual is determined through a score based on a questionnaire (Werkverkenner) filled out by the individual during his/her application for unemployment benefits (WW). The Government highlights that those eligible for personal employment services will be appointed a personal work counsellor. Those considered ineligible will continue to receive the standard employment service through digital means. However, these unemployed workers could still be given access to these personal services if their personal work-counsellor deemed it beneficiary. The Government further indicates that the UWV runs 34 information points distributed regionally (Leerwerkloketten) specifically aimed at providing information about work-oriented education opportunities for both employed and unemployed individuals. The system also connects different regional partners and initiatives. The Committee notes that the FNV, the CNV and the VCP indicate, however, that the services are insufficiently accessible to those unemployed persons with a reasonable chance to resume work within the year and that according to a 2018 study, there has been a 30 per cent of cases of incorrect assessments. Furthermore, the services provided are mainly digital and only recently the UWV has received the means to ensure that unemployed workers will have face-to-face conversations with a personal work counsellor. The Federations further indicate that the quality of the services provided by the 34 information points varies greatly from among regions. The Committee notes the additional information provided by the Government concerning the role of the UWV in the implementation of the measures to contain and mitigate the negative impact of the COVID-19 pandemic. In this regard, the Government refers in particular to the NOW and TOFA schemes addressed to employees and workers in flexible contracts. The Government adds that all requests for benefits in the framework of those schemes have to be addressed to the UWV. The Committee requires the Government to reply to the observations submitted by the FNV, the CNV and the VCP and to provide updated information on the activities carried out by the employment service (UWV) in order to ensure “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2) of the Convention). The Committee requests the Government in particular, to continue to provide information on the specific measures taken by the UWV to cope with the consequences of the COVID-19 pandemic on the labour market. Please provide any relevant statistical information disaggregated by sex and age concerning the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by the offices (Part IV of the report form).

Articles 4 and 5 of the Convention. Participation of the social partners. Concerning its previous request for information on the manner in which the social partners are consulted, the Committee notes that according to the Government’s 2019 report, the Social Economic Council (SER) plays a central role as an advisory body for all matters concerning social policy, including those related to the UWV. Besides, the development and implementation of all public policy initiatives are shared with and reviewed by the social partners through the Labour Organisation (StvdA) a national consultative body integrated by the three major trade union federations and three employers’ associations in the country. The Committee notes in this regard, that FNV and the CNV welcome the measures taken by the Government to prevent the negative impact of the COVID-19 pandemic. The Committee notes, however, that in their 2019 observations the FNV, the CNV and the VCP refer to the limited possibilities of social partners to participate in the StvdA and that the advice provided by the SER is not taken into account by the Government. They further indicate that the SER is not monitoring the performances of the UWV. The Committee requests the Government to reply to the observations by the FNV, the CNV and the VCP and to provide specific details on the manner in which the employers’ and workers’ organizations are consulted, including through the Social and Economic Council and the Labour Organisation, on the organization and operation of the employment service and in the development of the employment service policy, particularly in the framework of the COVID-19 pandemic.

Article 7. Measures to meet adequately the needs of particular categories of applicants for employment. The Government indicated in its 2019 report that although the new organization of the UVW has decreased the need for an explicit policy focus on certain groups, work has continued in order to improve the labour position of young and older workers. For young workers, there is an increased focus on facilitating the transition from school to work. In this regard, the foundation for cooperation on Vocational Education, training and labour Market (SBB) connects educational institutions with relevant employers. Concerning older workers, the Government continues the plan of action to strengthen the position of those aged 50 and over in the labour market. The Committee requests the Government to continue to provide updated information on the activities carried out by the UWV with respect to young people and older unemployed persons, particularly in the framework of the COVID 19 pandemic. The Government is requested to provide statistical information that enables the Committee to assess the evolution of the participation of these specific groups in the labour market.

Article 11. Cooperation between the public employment service and private employment agencies. The Committee refers to its 2020 direct request on the application of the Private Employment Agencies Convention, 1997 (No. 181), and invites the Government to continue to provide information on the arrangements made to secure effective cooperation between the public employment service and private employment agencies.