Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Pays-Bas (Ratification: 1988)

Autre commentaire sur C156

Observation

Demande directe

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Article 3 of the Convention. National policy. In relation to the Equal Treatment (Working Hours) Act which prohibits employers from discriminating against their employees on the basis of their working hours, unless there are objective reasons for doing so, the Committee notes the Government’s statement, in its report, that in the current period of labour market shortage, the Government is envisaging to stimulate part-time workers to work more hours and requested the advice of the Netherlands Institute for Human Rights (NIHR) on the possibilities to encourage additional working hours through extra pay. The NIHR concluded that granting extra pay or special cash rewards for working more hours, will in many cases lead to discrimination on the basis of working hours. The Government states that, in line with the Committee’s previous request, the Government will monitor closely the application of the Equal Treatment (Working Hours) Act in practice. TheCommittee firmly hopes that the Government will monitor closely the practical application and enforcement of the Equal Treatment (Working Hours) Act, so as to ensure that the criteria for the “objective reason exception” in the Act is strictly applied and workers with family responsibilities receive adequate protection against discrimination, in practice. It asks the Government to provide information on any steps taken to that end, as well as any judicial and administrative decisions concerning cases where family responsibilities have been considered an objective reason to discriminate against employees on the basis of their working hours.

Article 4. Working-time arrangements. The Committee notes the Government’s indication that, pursuant to the Flexible Working Act (WFW) of 2016, workers have been given the opportunity to submit a request for adjustment of the work schedule or adjustment of the workplace, in addition to the existing right to adjust working hours. The Government states that, in February 2021, a first evaluation of the Act was shared with the Parliament which provided for a number of starting points for possible further actions, such as the need to raise awareness about the Act among workers and employers. The Government adds that further amendments to the Act are ongoing regarding the right to adjust the place of work, as a result of the Bill on “Working Where You Want”. The Committee observes, however, that the Bill which was intended to reinforce the employees’ right to choose their place of work was rejected by the Senate on 26 September 2023. As regards enterprises with fewer than ten employees, the Government states that, in the context of the evaluation of the Flexible Working Act, it appeared that 31 per cent of these workers made use of flexible working-time arrangements, out of which 66 per cent were implemented in accordance with the Act. Concerning requests to adjust work schedule, 80 per cent of the enterprises with fewer than ten employees indicated that they did not receive any request in that regard. The Government adds that, at the time of the next evaluation of the Flexible Working Act, consideration will be given as to whether specific attention can be paid to flexible work in enterprises with fewer than ten employees. The Committee asks the Government to provide information: (i) on the number of men and women making use of flexible working-time arrangements, including part-time work and work from home, both in enterprises with fewer than ten employees and in others, in order to reconcile their family and work responsibilities; (ii) any measures implemented, including as a result of the next evaluation of the Flexible Work Act, to encourage enterprises to allow flexible working-time arrangements for workers with family responsibilities, in particular enterprises with fewer than ten employees; and (iii) any assessment made of the impact of flexible working-time arrangements on promoting equality of opportunity and treatment for workers with family responsibilities, taking into account the fact that some of these arrangements may have a negative impact on women’s earnings and career development.

Article 7. Vocational guidance and training. The Committee notes the Government’s general statement that, according to Central Bureau of Statistics (CBS) data, while significantly more women still worked in part-time positions in 2021, women did not participate any less than men in learning and development activities. The Committee notes that the Government does not provide information on the measures taken to enable workers with family responsibilities, in particular women, to become and remain integrated in the labour force. The Committee asks the Government to provide information on: (i) any measures taken to improve the educational and training opportunities of women working part-time, in particular as a result of their family responsibilities, and to increase their opportunities for full-time employment; (ii) any vocational guidance and training measures adopted to ensure that workers with family responsibilities can become and remain integrated in the labour force, as well as re-enter it after an absence due to family responsibilities; and (iii) the number of men and women workers with family responsibilities having benefitted from these measures.