Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Maternity Protection Convention, 2000 (No. 183) - Netherlands (Ratification: 2009)

Article 3 of the Convention. Health protection measures. Further to its previous request on the evaluation procedure of occupational health risks for pregnant women, the Committee takes note of the Government’s reply in its report that the work council (ondernemingsraad), the worker representative (personeelsvertegenwoordiging) or the worker concerned shall be consulted with regard to the risk assessment of the work, pursuant to section 12 of the Working Conditions Act. The Committee further notes the Government’s indication that if a pregnant or breastfeeding woman is temporarily exempted from her duties as a result of an identified occupational health risk, she may apply for sickness benefit in case her incapacity for work is caused by pregnancy.

Night work. Further to its previous request to indicate whether, for medical reasons, a pregnant or breastfeeding worker may request to be exempted from night work, the Committee takes note of the Government’s reply indicating that an enterprise’s doctor and/or an occupational safety and health specialist assess the incapacity to perform night work by a pregnant or breastfeeding worker. The Committee further takes due note of the indication by the Government that if a pregnant or breastfeeding woman cannot perform night work, she may apply for sickness benefit, including for a period of six months following childbirth.