Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 135) concernant les représentants des travailleurs, 1971 - Pays-Bas (Ratification: 1975)

Autre commentaire sur C135

Observation

Demande directe

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The Committee notes the observations submitted by the Netherlands Trade Union Confederation (FNV) in a communication received on 28 August 2014.

Article 2 of the Convention. Access of workers’ representatives to the workplace. The Committee had previously invited the Government to discuss the issue of access of trade union representatives to industrial premises, with the most representative workers’ and employers’ organizations, with a view to ensuring that, without impairing the efficient operation of the undertaking, access to the workplace is granted to workers’ representatives in so far as it is appropriate to enable them to carry out their representation function. The Committee notes the Government’s indication that in July 2013 the most representative workers’ and employers’ organizations (represented in the Labour Foundation) were consulted on compliance and enforcement of collective agreements, and that, in the process of implementation of the recommendations that resulted from this consultation, the Government will discuss with these organizations the issue of access of trade union representatives to industrial premises. The Committee notes that the FNV adds that access to premises in companies where the union has not yet a high number of members still constitutes a major problem, particularly in sectors with a large number of subcontractors and migrant workers, and hinders trade union work in terms of enforcement and compliance control of collective agreements; and that the Government is developing legislation that will allow it to share with the trade union information received through the public inspection service, which, while not addressing the issue of access, will improve the ability of unions to exert their influence. The Committee trusts that the discussions in this regard with the most representative workers’ and employers’ organizations, which the Government indicates are scheduled as a follow-up to the 2013 consultation, will be held in the near future, and requests the Government to report on the outcome.

Article 5. Coexistence of trade union representatives and elected representatives in the same undertaking. The Committee notes that the FNV denounces that the July 2013 amendment of the Works Councils Act put an end to the equality between trade union members and non-members as regards the procedure and requirements for nomination as eligible works’ council members. Prior to the amendment, all candidates, whether on the list of trade union candidates or on the list of independent candidates, needed to be supported by a number of workers and provide proof of such support. The new legislation allows any individual worker to nominate himself/herself without any proof of support, whereas the threshold for trade unions and members to submit a list remains high, thus undermining the position of the trade union. The Committee requests the Government to provide its comments in respect to the FNV’s observations.