Comments adopted by the CEACR: Caribbean Part of the Netherlands

ADOPTED_BY_THE_CEACR_IN 2021

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Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. The Committee recalls that, in its previous comments relating to the Netherlands Antilles, it had highlighted the need to amend section 374(a), (b) and (c) of the Penal Code and section 82 of Ordinance No. 159 of 1964 containing the Conditions of Service of Public Servants, which prohibited public employees, including teachers, from striking under penalty of imprisonment. The Committee also recalls that it had noted the Government’s indication that: (i) not all Dutch legislation and policies applied directly to the islands of Bonaire, St Eustatius and Saba (BES), which had become part of the country (that is, the Caribbean Part of the Netherlands), and that the Antilles legislation that had been in force on those three islands prior to the dissolution of the Netherlands Antilles in 2010, remained the same; and (ii) pursuant to the Kingdom Act of 3 December 2014, the reservations formerly made for the then Netherlands Antilles, which rendered Articles 6(4) of the European Social Charter and 8(1)(d) of the International Covenant on Economic, Social and Cultural Rights (right to strike) not applicable to civil servants, had also been withdrawn for the Caribbean Part of the Netherlands. The Committee notes that the Government reiterates that this means that civil servants have the right to strike, even though it points out that the revised European Social Charter currently only applies to the European parts of the Netherlands. The Committee also notes the Government’s indication that the Civil Service Act BES and the BES Legal Status Decree for Civil Servants do not prohibit the right to strike. The Committee requests the Government to provide detailed up-to-date information concerning the legislative provisions currently governing the right to strike of civil servants (specifically confirming that section 374 of the old Penal Code of the Netherlands Antilles, or any other equivalent provision, has not been carried over into the new penal legislation), as well as on their application in practice, following the decision to revoke the restriction on the civil servants’ right to strike in the Caribbean Part of the Netherlands. The Committee requests the Government to provide a copy of the applicable legislation, and to provide information on any strike actions taken or announced by civil servants in the Caribbean Part of the Netherlands, and the results of such actions.

ADOPTED_BY_THE_CEACR_IN 2020

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Article 1 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the Government’s indication that the legislation pertaining to the three islands of Bonaire, St. Eustatius and Saba remain unchanged. The Committee further notes that the Netherlands Government supports the public bodies in the three islands in relation to the public employment service and in the development of the respective employment service policies, with the professionalization of the job placement function as a priority. The Government reports that the municipality of Leiden is currently implementing a twinning programme aimed at providing the public employment services of Bonaire, St Eustatius and Saba with relevant methods and skills to effectively foster recruitment and placement and assist workers and employers in job matching. The Committee welcomes the Government’s indication that a special focus is being placed on supporting and encouraging the participation in the labour market of persons with disabilities. The Government indicates that the process will take time and will need to address specific challenges, due to the differences between the islands and to their sparse populations. Furthermore, the Government reports that, in an administrative agreement (Bestuursakkoord Bonaire 2018-2022), the Government of the Netherlands and the public authorities of Bonaire have undertaken to establish a job center on the island, which will also build on the experiences and results of the twinning project between Bonaire and Leiden. The social partners have expressed their willingness to contribute to the implementation of this agreement. The Committee requests the Government to continue to provide information on the nature and extent of collaboration between the municipality of Leiden and the employment institutions of Bonaire, St. Eustatius and Saba and the results achieved, as well as to provide updated information on progress made in establishing a job center in Bonaire. The Committee further requests the Government to provide information on the activities carried out by the public employment services in Bonaire, St. Eustatius and Saba to ensure “the best possible organisation of the labour market”, particularly in the framework of the COVID-19 pandemic, including information on the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by these services. In addition, the Government is requested to provide information on the nature and impact of measures taken to meet the employment needs of persons with disabilities (Article 7 (b)).

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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.

Articles 1-3 of the Convention. Implementation of an active employment policy and employment trends. In its previous comments, the Committee had requested the Government to provide information on the active employment measures adopted and implemented, with the participation of the social partners, and their impact on promoting full, productive and sustainable employment opportunities in the Caribbean Part of the Netherlands. The Government indicates that the Ministries of Social Affairs and Employment (SZW), Interior and Kingdom Relations (BZK) and Health, Welfare and Sport (VWS) combine their efforts, taking an integrated approach to the implementation of projects. These projects focus on social security and on increasing the participation in the labour market of workers in general, including of persons with disabilities; improving the functioning of the labour market, education and integration and combating poverty and debt. The Government further refers to the “Job Programs” project, which focuses on providing job guidance and job matching services, as well as to a twinning project with the municipality of Leiden aimed at transferring knowledge and expertise to better equip the public entities responsible for job placements.

The Committee notes the statistical information provided by the Government. In particular, it notes that, according to the information provided, in 2016, 26 per cent of young people on St. Eustatius were not in education and were not working, compared to 11 per cent on Bonaire and 8 per cent on Saba. More than three-quarters of young people not in education in Bonaire were in employment, 85 per cent of whom were working 35 hours or more per week. The Committee requests the Government to continue to provide updated information on active employment measures adopted and implemented as well as detailed information, including statistical data disaggregated by age and sex, on the impact of such measures in promoting full, productive and sustainable employment opportunities in the Caribbean Part of the Netherlands. The Committee reiterates its request that the Government provide information specific to the islands of Bonaire, Eustatius and Saba on the consultations held with representatives of employers' and workers' organizations, including details of their contribution to the design and implementation of an active employment policy.

Measures taken to address the COVID-19 Pandemic. The Committee notes that in its supplementary report, the Government refers to the significant economic impact of the pandemic on the islands in the Caribbean Part of the Netherlands, which rely heavily on tourism. The Committee notes that, according to the Netherlands Enterprise Agency website, to address this situation, the Dutch Cabinet decided on 17 March 2020 that businesses and entrepreneurs on Bonaire, Saba and St. Eustatius could qualify for an emergency package of special economic measures to address the impacts of COVID-19 on this sector. These measures consist of: compensation for labour costs; extra support for independent entrepreneurs and other individuals and liquidity support. The Government further indicates that the same measures applicable in the European Netherlands to address the pandemic are also applicable in the Caribbean Part of the Netherlands, the most important measure being the postponement of tax for entrepreneurs facing liquidity difficulties as well as the obligation to provide training to increase workers employability and the obligation to inform workers that the enterprise is using support measures. The Government also informs about other measures for SMEs that include small credits and loan guarantee schemes. The Committee requests the Government to provide information on the impact of these support measures. The Committee further requests the Government to provide information on active labour market measures targeting other key economic sectors in Bonaire, Saba and St Eustatius and their impact on labour market participation, particularly for young persons.

Legislation. In its direct request concerning the application of Convention No. 122 by the Netherlands, the Committee noted the adoption of the Employment Market in Balance Act (Wet Arbedismarkt in Balans), which came into force on 1 January 2020. Recalling that, according to the Government's 2017 report, not all Dutch legislation is directly applicable to the Caribbean Part of the Netherlands, the Committee requests the Government to clarify whether the Employment Market in Balance Act is applicable to Bonaire, St Eustatius and Saba and, if not, to indicate whether the Government contemplates extending the application of the Act to these islands.