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

With reference to its observation of 2002, the Committee notes the information supplied by the Government in its report for the period 2001–06, as well as in the annual reports on the application of the European Code of Social Security. It also notes the comments made by the Trade Union Confederation of Middle and Senior Staff Unions in October 2006 on the Government’s reports concerning Conventions Nos 102 and 121.

Part III (Sickness benefit) in relation to Articles 71 and 72 of the Convention (Private insurance in sickness and disability schemes). For a number of years, the Committee has been questioning the Government about the possible negative effects of the reforms making employers liable under certain conditions for the payment of sickness and disability benefits, which could result, in particular, from the abandonment of the participatory management of the social security schemes and from the risk of discrimination of workers with a history of medical problems. The Committee would like the Government to continue to monitor these issues in consultation with the social partners and to inform the Committee of any additional measures taken to promote a strong role for workers’ organizations and the participation of the representatives of the persons protected at the various levels of management in the delivery chain of benefits, as well as to prevent and remedy possible cases of discrimination. In this respect the Committee notes that the Trade Union Confederation of Middle and Senior Staff Unions raises a number of important questions concerning: (1) guarantees of benefit payment in the event that an insurance company with which an employer bearing its own risk has taken out insurance cannot meet its financial obligations; (2) the role of the social partners after the passage of the Work and Income (Implementation Structure) Act (SUWI); and (3) the inspection activities to monitor compliance of employers with their obligation to continue to pay wages in the event of illness, pointing out that such wages may not be paid if workers are unaware that they are entitled to them. The Committee would like the Government to reply in detail to these comments in its next report.

Part IV (Unemployment benefit) in conjunction with Article 69(f). In its previous conclusions, the Committee observed that, under Article 69(f) of the Convention, sanctions in respect of claimants of unemployment benefit who are deemed to be “culpably unemployed” under Dutch law may apply only in cases where unemployment has been caused by the wilful misconduct of the person concerned, whereas passive behaviour by which this person omits or neglects to protest against dismissal may not necessarily be wilful. In reply, the Government indicates that, from 1 October 2006, unemployment benefit will no longer be refused due to the fact that the employee accepts or does not oppose his or her dismissal. The Committee welcomes this change in the regime of sanctions applied to claimants of unemployment benefit, which will permit better application of the corresponding provisions of the Convention.

The Committee raises a number of further questions in a request addressed directly to the Government.